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(영문) 서울서부지방법원 2014.05.16 2013가합898

전세금반환

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Defendant B’s KRW 377,322,305 with respect to the Plaintiff and KRW 5% per annum from February 6, 2013 to May 16, 2014.

Reasons

Basic Facts

On November 28, 2006, the Plaintiff entered into a lease contract with Defendant B with the second floor of Yongsan-gu Seoul Metropolitan Government as the lease deposit of KRW 450,000,000 (hereinafter “the lease contract of this case”). Accordingly, on June 7, 2007, the Plaintiff completed the registration of the establishment of lease on a deposit basis in the Plaintiff’s future.

On April 209, the Plaintiff accepted the request from Defendant B to the effect that “I will cancel the registration of the establishment of chonsegwon so that I can obtain a loan of this case as collateral, and then will complete the registration of the establishment of chonsegwon again to the Plaintiff and offer other real estate as collateral with regard to the amount of the loan amount.” On April 22, 2009, the Plaintiff cancelled the registration of the establishment of chonsegwon on April 22, 2009.

On April 30, 2009, Defendant B completed the registration of the establishment of a right to lease on a deposit basis with the Plaintiff at the time of May 27, 2009, to increase the deposit amount of the lease on a deposit basis to KRW 500,000,000 between the Plaintiff and the Plaintiff on May 4, 2009, and completed the registration of the establishment of a right to lease on a deposit basis at the time of the Plaintiff’s future lease deposit at KRW 500,000,00, and completed the registration of the establishment of a right to lease on a deposit basis to offer other real estate as security on May 28, 2009, in order to implement the promise to offer other real estate as security, on May 28, 2009, divided H forests into F forest, G forest and H forest into KRW 10,00,000 in total, and the share of the Plaintiff C (the maximum debt amount in the name of the Defendant) in the instant forest (hereinafter referred to as “Defendant”).

(B) On August 30, 2010, the Plaintiff completed the additional registration of chonsegwon changeing the lease deposit amount to KRW 550,000 on September 14, 2010, by extending the lease term to December 31, 2013 between Defendant B and raising the lease deposit amount to KRW 550,00,000.

On the other hand, the Plaintiff.