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(영문) 서울중앙지방법원 2016.10.12 2015가합25223

보증금반환

Text

1. The plaintiffs' claims against the defendant are all dismissed.

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

Reasons

1. Basic facts

A. On February 13, 2012, the Defendant completed the registration of initial ownership on four detached houses (eight households in multi-family houses; hereinafter “instant house”) located in Young-gu, Suwon-gu, Suwon-si.

B. On January 20, 2015, Plaintiff A entered into a lease agreement with the Defendant for KRW 90,000,000 for the instant housing No. 205, and for the term from March 6, 2015 to March 5, 2017, with respect to the lease deposit of KRW 90,000,000 for the instant housing No. 205, respectively, and paid the Defendant the down payment of KRW 9,00,00 for the date of the contract, and the remainder of KRW 81,00,00 for the remainder on March 6, 2015.

C. On February 14, 2015, Plaintiff B entered into a lease agreement with the Defendant for the lease deposit of KRW 60,000,000 with respect to the instant housing No. 304, and for the term from March 1, 2015 to February 28, 2017, and paid the Defendant the down payment of KRW 500,000 on the date of the contract (the down payment of KRW 2,50,000 on March 2, 2015) and the remainder of KRW 57,00,000 on February 27, 2015, respectively.

(hereinafter referred to as “each of the instant lease agreements”) D.

On February 24, 2015, the registration of ownership transfer was completed on February 24, 2015 for the instant housing due to the sales contract on February 11, 2015.

E. On August 10, 2015, upon the application of the Suwon Central Saemaul Depository, which is a mortgagee, the instant house, the procedures for voluntary auction commenced with the Suwon District Court E, and the Plaintiffs and F completed the registration of ownership transfer by winning the instant house on April 5, 2016.

(f) The Plaintiff B received dividends of KRW 34,598,547 out of the lease deposit during the instant voluntary auction procedure.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5, 9 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted that the housing of this case was knocked at the voluntary auction procedure of this case, and thus the contract of this case was terminated by service of a copy of the complaint of this case, and the lease deposit against the plaintiff A.