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(영문) 수원지방법원 2016.05.10 2015나2611

임대차보증금

Text

1.The judgment of the first instance shall be modified as follows:

The primary defendant B is the plaintiff 18,000,000 won and this.

Reasons

1. Basic facts

A. On July 10, 2003, Defendant B purchased the 3rd floor No. 4 (67.71 square meters and 67.74 square meters, hereinafter “instant building”) of the E Building (hereinafter “instant building”) located in Suwon-si, Suwon-si, and completed the registration of ownership transfer. The F purchased the 3rd floor No. 1, 2 and 3 of the instant building on August 13, 2003 and completed the registration of ownership transfer.

B. 1) On August 12, 2003, F entered into an agreement with Defendant C on August 12, 2003, stating that “Any act necessary to rebuild and sell the third floor 1, 2, and 3 of the instant building” was delegated to Defendant C, and on the same day, F and the husband of Defendant B agreed that “B shall delegate all the act to Defendant C in accordance with the delegation letter, but shall refund the remainder except the construction cost under subparagraphs 1, 2, 3, and 4 of the third floor of the instant building to G and F.” On August 2, 2003, G agreed to recognize the construction cost of the instant building from the initial KRW 48 million and to pay KRW 60 million.2) Defendant C divided the construction cost of the instant building into two rooms under their delegations.

As a result, the instant No. 4, which is Defendant B, was classified into 304 and 305 (hereinafter “instant No. 304”) to enable independent dwelling.

C. On October 6, 2008, the Plaintiff’s mother entered into a lease agreement with Defendant C on a deposit of KRW 18 million (hereinafter “instant lease agreement”) and paid a deposit for lease to Defendant C as follows. The official seal of the head of E-building management office is affixed on the name of Defendant C of the instant lease agreement.

On October 7, 2008 through October 6, 2008, the 3th 305 floor area of the real estate in the lease contract, KRW 18 million lease term of KRW 305,000,000,000,000,000,000

D. H on July 27, 2013