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(영문) 서울남부지방법원 2014.11.25 2012가단47474

임대차보증금반환

Text

1. The counterclaim claim is dismissed.

2. The costs of lawsuit shall be borne by the Counterclaim Plaintiff.

Reasons

1. Basic facts

A. On October 6, 2011, the counterclaim Defendant was the birth of the deceased C (hereinafter “the deceased”) who committed suicide, and inherited the deceased’s property solely by division after the death of the deceased.

B. Around October 10, 2007, the Deceased entered into a sales contract with D to purchase KRW 98,000,000 (hereinafter “instant sales contract”) of the 102 sub-story 2 of the building, Guro-gu, Seoul (hereinafter “instant real property”). The Deceased completed the registration of ownership transfer in the name of the Deceased on the ground of the instant sales contract on November 16, 2007.

C. At the time of the instant sales contract, the Lessee assumed a total of KRW 57,480,000 as part of the above sales price and acquisition tax, etc., and the Deceased borrowed from our bank the amount of KRW 40,000 as a collateral loan for the instant real estate, and borne the remainder of the sales price.

The Lessee was living together with the deceased from November 2007 to the time of the deceased’s death.

[Reasons for Recognition] Facts of constructive confession

2. The assertion of the Counterclaim Plaintiff

A. On July 26, 2006, the Plaintiff was paid KRW 103,66,660 as the compensation, and at the same time, 103 Dong 703 in Mapo-gu Seoul Building was specially supplied. Since the above apartment housing occupancy condition was one house for one household, it was impossible to acquire a separate house in the name of the Lessee at the time of the instant sales contract.

B. The deceased, knowing that the Lessee was paid the above compensation, proposed that the Lessee was to receive a loan of KRW 40,000,000 from the Korean bank, and the remainder was to be borne by the Lessee and to raise a house.

C. Accordingly, the Lessee decided to purchase the instant real estate, but on the grounds as seen earlier, the instant housing cannot be acquired in its own name and should be acquired in the name of the deceased.