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(영문) 광주지방법원 2017.06.20 2016가단521780

보증금반환

Text

1. The Plaintiff:

A. As from June 17, 2015, Defendant A’s KRW 50,000 and its equivalent:

B. Defendant B is the defendant A.

Reasons

1. Facts of recognition;

A. According to the government housing welfare policy project, the Plaintiff is running the business of leasing housing from the National Housing Fund supported by the government for the stabilization of housing of the vulnerable social group, such as recipients of basic livelihood, and sublet them to those eligible for support

B. On July 25, 2012, the Plaintiff entered into a lease contract with the said owner as part of the foregoing business with respect to “A, part of 80.696 square meters for multi-family house E-family house in Gwangju Mine-gu (hereinafter “instant real estate”) owned by C and D as part of the foregoing business, with respect to the lease deposit amount of KRW 50 million (2,50,000,000 among them should be paid by the occupant), from August 3, 2012 to August 2, 2014, and from August 3, 2012 to August 2, 2014, the lease contract stipulated by Defendant B (hereinafter “the lease contract in this case”). On the 25th of the same month, the Plaintiff obtained a fixed date in the lease contract in the registry of the Gwangju District Court (Evidence No. 1).

C. On the other hand, around July 25, 2012, the Plaintiff entered into a lease agreement for the lease of a house for lease on a deposit basis (existing house) with Defendant B, a person eligible for support, by setting the lease period of KRW 79,550 as the monthly rent and the lease period from August 3, 2012 to August 2, 2014.

Defendant B entered into a lease agreement with the Plaintiff and completed the move-in report of the instant apartment around July 25, 2012.

On August 3, 2012, the Plaintiff paid KRW 47,500,000 to the account under C’s name pursuant to the instant lease agreement.

E. Defendant A entered into a sales contract for multi-household housing containing the instant real estate with Nonparty C and D around May 2012, and completed the registration of ownership transfer for the said multi-household housing around November 28, 2012.

F. Defendant B removed the instant real estate without permission on September 2014, and made a move-in report on resident registration as F and 205 in Gwangju Mine-gu on May 21, 2015.

G. On September 16, 2015, the decision to commence compulsory sale of the foregoing multi-household house was made, and on June 21, 2016, the registration of ownership transfer in the name of Nonparty H was made due to the compulsory sale by official auction.