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(영문) 대구지방법원 2014.12.04 2013나16594

임대차보증금반환

Text

1. The plaintiff's appeal is dismissed.

2. At the preliminary claim added at the trial,

(a) the defendant;

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) on October 14, 2010 against the Lone Star Industry Development Co., Ltd. (hereinafter “Lone Star”) is the Plaintiff’s claim 1)

) From January 27, 2011, each of the real estate listed in [Attachment 3 List 8] was leased at KRW 200 million for lease deposit (hereinafter “instant lease agreement”) and each of the above real estate was leased at KRW 40 million for lease deposit, and KRW 13 and 14,000,000 for KRW 30 million for lease deposit (hereinafter “instant lease agreement”).

(2) On March 2012, the Plaintiff and Trum Star terminated the instant lease agreement. On March 13, 2012, the Plaintiff transferred the instant leased property to Trum Star, and returned KRW 140 million out of the lease deposit from Trum Star, but the remainder of KRW 100 million (hereinafter “instant claim”) did not receive any refund.

3) Accordingly, on August 17, 2012, the Plaintiff filed a lawsuit against Dud Star on the part of the Daegu District Court Branch Branch 2012Gadan23744, and the said court rendered a judgment accepting the Plaintiff’s claim on December 31, 2012, which became final and conclusive at that time. (b) The said judgment became final and conclusive at that time on the part of the Defendant, and on July 11, 201, the provisional registration of the right to claim ownership transfer was completed on the grounds of the pre-sale agreement on the same date (hereinafter “instant pre-sale agreement”).

2) Each real estate listed in [Attachment 3 List Nos. 5, 6, 8, 10, 11, 13, 14, 20 through 27 (including the leased real estate of this case) from the Defendant on July 11, 201, from the dump to the Defendant

After the provisional registration of the right to claim transfer of ownership was completed on the same date. 3) After the registration of the right to claim transfer of ownership was completed on the basis of the same date, the reservation was made on June 4, 2012 with respect to each real estate listed in Schedule 18 and 19 of Schedule 3 on June 7, 2012 to the Defendant, and on June 4, 2012.