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(영문) 서울서부지방법원 2015.04.14 2014가단33942

임대차보증금반환

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 50,000,000.

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

3...

Reasons

1. Basic facts

A. On March 3, 2011, Defendant B purchased No. 401 on the fourth floor of Yongsan-gu Seoul Metropolitan Government (hereinafter “instant real estate”) from E, and agreed to substitute the lease deposit amount of KRW 150,000,000 as the purchase price, and the lease term was set as until April 3, 2013, and completed the registration of ownership transfer with respect to F and 1/2 shares of each of the instant real estate around April 4, 201.

B. On April 4, 2012, the Plaintiff, as E, entered into a lease agreement with Defendant B and F, the owner of the instant real estate, to set the deposit amount of KRW 50,000,000 for the intermediate bank among the instant real estate, and two years for the lease term (hereinafter “the instant contract”). On May 3, 2012, the Plaintiff’s early mother G made a move-in report on May 3, 2012. On the same day, the lease agreement between Defendant B and F set the deposit amount of KRW 50,00,00 for the right side of the instant real estate; the Plaintiff’s mother entered into a lease agreement with Defendant B and F to set the deposit amount of KRW 50,00,000 for the right side of the instant real estate, and completed the move-in report on May 3, 2012, and completed the move-in report on October 31, 2013.

C. Defendant C purchased 1/2 shares of the instant real estate from F on December 21, 2012, and completed the registration of ownership transfer on or around the 24th day of the same month.

Around December 5, 2013, the Seoul Western District Court first rendered a voluntary decision to commence the auction on the instant real estate, and around August 12, 2014, sold, but the Plaintiff, G, and H did not apply for a dividend.

[Ground of recognition] Facts without dispute, Gap 1 through 7 evidence, each entry of Eul 1 to 5 evidence, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the lease contract of this case was terminated at the expiration of the term, the Defendants, a lessor, shall jointly and severally return KRW 50,000,000 to the Plaintiff.

3. Determination as to Defendant B’s assertion

A. Defendant B shall be the E.