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(영문) 인천지방법원 2021.01.27 2019가단273000

임대보증금 반환청구

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 15, 2017, the Defendant was the owner of the instant entire building, the ownership preservation registration of which was completed in the name of the Defendant with respect to the living facilities of Class 2 neighborhoods, and detached houses (hereinafter “the entire building of this case”) of the 5th floor of the 5th floor reinforced concrete structure adjacent to the steel structure near the steel structure, Nam-gu Incheon Metropolitan City.

B. On September 8, 2017, the Defendant: (a) decided to lease the title E (hereinafter “the instant real estate”) among the instant entire buildings with a deposit of KRW 45,00,000; (b) the lease period of KRW 24 months from September 15, 2017 to September 14, 2019; and (c) paid all the lease deposits around that time, and handed over the instant real estate.

(c)

On September 8, 2017, the Defendant: (a) decided to lease the F No. F (hereinafter “the instant two real estate”) out of the instant entire building to the Plaintiff B with a deposit of KRW 45,00,000; and (b) the lease period of KRW 24 months from September 15, 2017 to September 14, 2019 (hereinafter “instant two lease agreement”); and (b) received all deposits for lease at that time, and handed over the instant two real estate.

(d)

Plaintiff

A, September 18, 2017, received a fixed date in the lease agreement of this case, and made a move-in report on July 15, 2019.

Plaintiff

B On September 26, 2017, the two lease contract of this case was confirmed on September 26, 2017, and the move-in report was made on July 16, 2019.

E. Meanwhile, the Defendant sold the entire building of this case to G on October 1, 2017, after each of the instant lease agreements, and completed the registration of ownership transfer on October 19, 2017.

F. On September 25, 2019 with respect to the entire building of this case, there was a decision to commence the auction procedure voluntarily to the Incheon District Court H on September 25, 2019, and in the auction procedure following the decision to commence the auction (hereinafter “instant auction procedure”), the Plaintiffs filed an application for a report on rights and a demand for distribution with the best priority small lessee, and distribute KRW 27,00,000 to the Plaintiffs, each of whom is the best priority lessee.