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(영문) 수원지방법원 안산지원 2017.04.20 2015가합3010

전세보증금 반환

Text

1. The plaintiff's claim is dismissed.

2. The motion for intervention of the Intervenor joining the Defendant is dismissed.

3. The Plaintiff and the Plaintiff among the litigation costs.

Reasons

1. Basic facts

A. The Defendant is the owner of Gangseo-gu Seoul Metropolitan Government No. 203 Dong 1404 (hereinafter “instant apartment”).

B. On July 5, 2013, the Defendant concluded a lease agreement between D and D by setting the deposit amount of KRW 320,000,000 for the instant apartment and the contract period from August 30, 2013 to August 29, 2015.

C. However, around March 14, 2015, by E and E, a lessor, who misrepresented the Defendant, a lessor, as a private individual, among real estate, the Defendant, E, and the Intervenor’s Intervenor was found, and under the conciliation of the Defendant’s Intervenor, the leased Defendant, E, and the lessee indicated the instant apartment, the deposit, the amount of KRW 320,00,000, and the term of lease from March 14, 2015 to March 14, 2017, the existing contract is re-contracts for the extension of the lease term under the same amount and conditions. The lessor is to cooperate with the lessee to the former generation.

b. The apartment charter contract between the defendant and E, stating " March 14, 2015," No. 2, hereinafter referred to as "the lease contract between the defendant and E" is "the lease contract between the defendant and E.

d.

On March 30, 2015, the Plaintiff entered into a loan agreement between E and E with 220,000,000, interest rate of 6.9%, and 19% of delay damages.

On the same day, E entered into and issued a written consent to the assignment of claims for the refund of lease deposit amounting to KRW 320,00,000 to the owner of the instant apartment as security for the said loan to the Plaintiff. On April 2, 2015, E notified the aforementioned assignment of claims to the residents in Yangcheon-gu Seoul Metropolitan Government F and 101, and notification of the said assignment of claims reached the above location. E. Pursuant to the instant loan agreement, the Plaintiff paid KRW 220,000,000 to E. Pursuant to the instant loan agreement, E paid the Plaintiff KRW 5,281,163 as interest or delay damages on KRW 220,00,00. As of December 22, 2015, E paid the Plaintiff KRW 225,294,476, principal amount (=200,000,000,000 interest, KRW 10,515,715).