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(영문) 서울중앙지방법원 2016.11.30 2016가단63133
구상금
Text

1. The Defendant’s KRW 67,00,000 as well as 5% per annum from October 24, 2015 to June 10, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

(a) The Korea Land and Housing Corporation is a corporation that concludes a lease agreement with a housing owner with a lease fund supported by the Government and allows residents qualified to reside therein, and is a corporation that holds opposing power pursuant to the Housing Lease Protection Act when an occupant has completed resident registration after having received a house and completed resident registration pursuant to Article 3(2) of the Housing Lease Protection Act and Article 2 of the Enforcement Decree of the same Act

B. At the time of August 31, 2012, the Korea Land and Housing Corporation concluded a lease agreement with the owner of the third floor of the building C in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “the instant housing”) with a deposit of KRW 67,000,000, the lease agreement was concluded between September 16, 2012 and September 15, 2014, with a deposit of KRW 67,000,00,000, and the lease agreement was concluded between September 16, 2012 and September 15, 2014 (hereinafter “the instant lease agreement”). The Plaintiff concluded a lease agreement with the Korea Land and Housing Corporation to grant a deposit of rent from a lessor

C. The occupant D received a fixed date after the transfer report and completed the move-in report. Meanwhile, on February 1, 2013, the ownership transfer registration was made to E on the ground of payment in substitutes as of February 1, 2013, and again, on November 27, 2013, on the ground of the trust as of November 28, 2013, the ownership transfer registration was made to the Defendant, the trustee, on November 28, 2013.

The Korea Land and Housing Corporation filed a claim for insurance money against the Plaintiff as the owner did not receive a refund of rental deposit from the Defendant, the owner at the expiration of the lease period, and on October 23, 2015, the Plaintiff paid KRW 67,000,000 insurance money to the Korea Land and Housing Corporation.

[Ground of recognition] Facts without dispute, Gap 1 through 7 evidence, Eul 1 evidence, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant completed the registration of ownership transfer for the instant house.

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