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(영문) 서울중앙지방법원 2017.07.07 2016가단5313208

보증금반환

Text

1. The defendant is ordered from the plaintiff to Gangnam-gu Seoul and 304, and at the same time, 150,000,000 won to the plaintiff.

Reasons

1. Basic facts

A. On January 5, 2012, the Plaintiff concluded a lease agreement with D to lease the Gangnam-gu Seoul Metropolitan Government C and 304 (hereinafter “instant housing”) (hereinafter “instant lease agreement”) from January 16, 2012 to January 16, 2013, with deposit KRW 150 million (hereinafter “instant deposit”) and paid the instant deposit to D, and received a fixed date on the same day after completing a move-in report on resident registration on January 18, 2012.

B. As to the instant housing, on April 18, 2012, the establishment registration of the first priority neighboring to the agricultural cooperative, the maximum debt amount of KRW 1.512 billion, the establishment registration of the mortgage on September 25, 2012, the second priority neighboring to the maximum debt amount of KRW 260 million, the establishment registration of the mortgage on September 25, 2012, the third priority neighboring to the mortgagee E, the maximum debt amount of KRW 200 million, the establishment registration of the mortgage on September 25, 2012, the establishment registration of the mortgage on November 27, 2012, the FF, the maximum debt amount of KRW 140 million, and the establishment registration of the mortgage on April 4, 2012.

C. On May 14, 2013, the voluntary auction procedure (hereinafter “instant auction procedure”) commenced through G in this court on the following grounds: (a) the instant house was sold to H on September 23, 2015, and the ownership transfer registration was completed under the name of H on October 6, 2015; and (b) the Defendant purchased the instant house from H on November 16, 2015 and completed the registration of ownership transfer in its name on November 20, 2015.

On November 25, 2016, while residing in the instant house, the Plaintiff notified the Defendant of the refusal to renew the instant lease agreement.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, and 5

2. Determination as to the cause of action

A. On January 18, 2012, the Plaintiff, a residential building, obtained opposing power under the Housing Lease Protection Act by closing a move-in report for resident registration on January 18, 2012, and thereafter.