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(영문) 수원지방법원 2018.01.30 2016나74798

임대차보증금

Text

1. Revocation of the first instance judgment.

2. The plaintiffs' primary and conjunctive claims are all dismissed.

3...

Reasons

1. Basic facts

A. On September 6, 2012, the Defendant entered into a construction contract with E (hereinafter referred to as “E”) with respect to new housing construction works on the following grounds: (a) as to the applicable population H and I ground-based (E), E completed the said construction works from September 10, 2012 to January 20, 2013; and (b) the Defendant shall pay KRW 800 million in price.

B. Of the above payments, the Defendant agreed to pay only 39,700 million advance payments. On behalf of the Defendant, five households among the studio (L) located in K in the wife population at the time of the Defendant’s possession (L), namely, the registration of ownership preservation in the name of the Defendant was completed on September 24, 2012; hereinafter “each real estate of this case”).

C. While the ownership of each of the instant real estate was not transferred, E decided to undertake the construction work by using the ownership of each of the instant real estate and obtaining a loan from the Defendant on September 20, 2012, the Plaintiff’s lease agreement with the term of KRW 70 million, and the term of KRW 24 months was set at 24 months, and the Plaintiff’s lease agreement with the term of KRW 70 million, and the term of KRW 404, the term of KRW 70 million was set at 24 months. On October 25, 2012, Plaintiff B entered into a lease agreement with the Defendant to lease the instant real estate with the term of KRW 70 million and KRW 24 months.

(hereinafter referred to as “each of the instant lease agreements,” and “the term of this contract,” refers to each of the instant lease agreements.

The Plaintiffs were granted a loan from the deposit money by submitting the above lease contract to the Bank of Korea.

Therefore, the account in the name of the Defendant: KRW 11,80,000 that Plaintiff A borrowed on September 26, 2012; KRW 56 million that Plaintiff B borrowed on October 26, 2012; Plaintiff C deposited KRW 40 million borrowed on September 26, 2012; most of the said money was immediately withdrawn and used as E’s construction cost.

Each of the above loans is in each of the instant cases.