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(영문) 부산지방법원 동부지원 2017.02.09 2016가합103148

임대차보증금

Text

1. The defendant shall pay 250,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Facts of recognition;

A. On June 12, 2014, the Plaintiff heard the horses that “it is necessary to pay a high interest as a result of purchasing or importing fishery products at auction and selling them,” and paid KRW 30 million to C on the same day.

B. The Plaintiff heard from C the statement that “if 100 million won is invested in Chinese import, 100 million won will be paid in aggregate of the principal interest,” and paid KRW 100 million to C on August 11, 2014.

C. After that, the Plaintiff needs to seek a house to live in C and thus, required to settle the paid money, and C demanded that the Plaintiff pay the money so far. It proposed that “It is difficult to pay the money invested and the proceeds therefrom to the Plaintiff. If the Plaintiff wants the house, he would receive the loan from the bank and pay the money to the Plaintiff after purchasing the house.”

After that, the plaintiff entered the house of his residence by receiving the proposal of the C, confirmed that the D Apartment No. 302, 802 (hereinafter "the apartment of this case") came out of the house in thischeon-si, Leecheon-si, D apartment, 302, and 802, and confirmed it to C.

E. The Defendant completed the registration of ownership transfer regarding the instant apartment on November 7, 2014.

The Plaintiff and the Defendant drafted the instant apartment contract from the Defendant on November 15, 2014 (hereinafter “instant lease contract”) stating that the Plaintiff leased the instant apartment from the Defendant as KRW 250,000,000, and the period from December 1, 2014 to December 24, 2014, and the Plaintiff began to reside in the instant apartment from December 2014.

F. On the other hand, on February 24, 2015, the Defendant reported marriage by making C his/her spouse as his/her spouse, and reported divorce on November 15, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 7, Eul evidence Nos. 2 and 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

(a) Dried stoves;