beta
(영문) 전주지방법원 2016.01.14 2015나1294

전세보증금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The scope of the judgment in this court ruled against the defendant (1) claims for refund of deposit for lease on a deposit basis, (2) claims for loan, (3) expenses for unmanned expenses and installation of training equipment, (4) claims for electrical construction expenses incurred by electric power pumps, (5) claims for electric construction expenses incurred by electric power pumps for use on a deposit basis, (4) claims for damages, and (6) claims for damages. The court of first instance accepted part of the claims for refund of deposit for lease on a deposit basis, (3) expenses incurred by unmanned expenses and training equipment, and expenses incurred in repairing underground water pumps, and (4) the defendant only appealed for the claim for refund of deposit for lease on a deposit basis.

2. The following facts are not disputed between the parties or may be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1 to 3, 10-1, 13, and 14, and Eul evidence No. 1:

On March 9, 2010, the Plaintiff leased (hereinafter “instant lease agreement”) a lease deposit of KRW 50,000,000, and the lease period from March 9, 2010 to March 9, 2012, the Plaintiff jointly and severally guaranteed the Plaintiff’s obligation to return the said lease deposit to C.

B. On February 10, 2010, the Plaintiff paid C KRW 5,000,000 out of the lease deposit, and the same year.

3. 10. C paid the remainder of 45,000,000 won to the E-name account designated by C.

C. On May 20, 201, the former North Korean University: (a) filed an application for voluntary auction on the instant housing; (b) obtained a decision to voluntarily commence auction from the Gunsan Branch of the Jeonju District Court on May 20, 201; and (c) G purchased the instant housing through the said voluntary auction procedure (hereinafter “instant auction procedure”).

G against the Plaintiff and the Plaintiff’s wife H, as the Jeonju District Court’s Gunsan Branch 2012Gadan9794, filed a lawsuit for the delivery of the instant house and the return of unjust enrichment.