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(영문) 서울북부지방법원 2018.04.06 2017나1088

임대보증금반환등

Text

1. The part of the judgment of the court of first instance against Defendant F among the judgment of the court of first instance is revoked, and the plaintiff F is subject to the revoked part.

Reasons

1. The first instance court dismissed the Plaintiff’s claim for cancellation of additional registration of prohibited matters against Defendant B (Appointed Party B; hereinafter “Appointed Party”); Defendant F; Defendant C; Defendant C; and D (hereinafter “C”); and cited the Plaintiff’s designated party, Defendant F; and the part of the Plaintiff’s claim for monetary payment against Defendant F; and dismissed the part of the Plaintiff’s claim for monetary payment against D.

Since only Defendant Appointor and Defendant F appealed on the part of the first instance judgment, the scope of this court’s judgment is limited to the Plaintiff’s Appointor and Defendant F’s monetary claim.

2. Facts of recognition;

A. On February 5, 2007, Defendant Appointers and F, together with C and D, have completed registration of preservation of ownership on the real estate listed in the attached Form, which is a sectioned building of the said apartment house (hereinafter “instant leased house”), on the following grounds: (a) Defendant Appointers and F, together with C and D, engaged in the new construction and sale of the H-affiliated house located in Seongbuk-gu Seoul Metropolitan Government G.

B. On October 19, 2013, at the J Licensed Real Estate Agent Office located in Seongbuk-gu Seoul, Defendant B concluded a lease agreement with the Plaintiff on the lease deposit amounting to KRW 150 million with respect to the leased house of this case (a contract deposit of KRW 15 million shall be paid at the time of a contract, the remainder of KRW 135 million shall be paid on December 20, 2013), from December 20, 2013 (delivery date) to December 20, 2015 (hereinafter “the lease agreement of this case”) with the following special agreements.

2. The right to collateral security (hereinafter “mortgage”) with a maximum debt amount of KRW 90,400,000 is to cancel the full redemption simultaneously with the remainder.

3. A lease agreement was concluded with the representative of the lessor D, the appointed, the Defendant F, the Defendant B, and the Defendant B as the representative, and all of the liabilities for this lease will be Defendant B.

8. Five million won, among down payment, shall be 15 million won.