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(영문) 서울북부지방법원 2015.08.26 2014가단110232

보증금반환

Text

1. The Defendant’s delivery of reinforced concrete tanks No. 212, 703, 703, 59.79 square meters from the Plaintiff in Gwangjuyang-si.

Reasons

1. Facts of recognition;

A. On May 4, 2007, the registration of ownership transfer was completed in the name of Sungho Construction Co., Ltd. (hereinafter “Maho Construction”) on the 7th, 703 square meters of Dayang-si, Gwangju apartment No. 212, 703, and 59.79 square meters (hereinafter “the apartment of this case”) on May 4, 2007, the registration of ownership transfer was completed on December 16, 2008 and on March 22, 2013, the registration of ownership transfer was completed in the future on May 20, 2013. < Amended by Presidential Decree No. 24277, Mar. 22, 2013>

B. On May 6, 2008, Hoho Construction entered into a lease agreement with D and the instant apartment, setting the lease deposit of KRW 35 million, and five years from the date of the above lease term (hereinafter “instant lease agreement”) and received the above KRW 35 million from D.

C. On March 3, 2010, E succeeded to the instant lease agreement upon the transfer of the right of lease from the said D, and on July 14, 2010, E paid the lease deposit to a person tourism by increasing the lease deposit to KRW 36.75 million.

On May 23, 2011, the Plaintiff succeeded to the instant lease agreement after being transferred the right of lease from the above E.

E. On May 17, 2011, the Plaintiff transferred KRW 44,400,00 to the national bank account in the name of his/her husband F, and the said F transferred KRW 41,935,000 to the bank account in the name of his/her husband G on the 19th day of the same month.

F. On October 16, 2013, the Plaintiff notified the termination of the instant lease agreement and the claim for the refund of the deposit for lease deposit by means of service by public notice of intent on October 16, 2013, and was deemed to have been served on the 25th day of the same month.

G. On April 15, 2014, the Plaintiff completed the lease registration with respect to the instant apartment as of KRW 3675,000,000.

【Ground of recognition】 The fact that there has been no dispute, Gap 1-6, 8-11, Eul 7-2, the purport of the whole pleadings

2. The assertion and judgment

(a)a Party;