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(영문) 서울고등법원 2015.06.17 2014나2050331
전세금반환
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. Lease contract and Defendant D’s brokerage act 1) On October 24, 2010, the Plaintiff is the co-defendant B of the first instance trial on October 24, 201, and 104 Dong 1001 (hereinafter “instant apartment”).

(2) The term of the lease deposit is set at KRW 270 million, the term of the contract from November 19, 2010 to November 18, 2012 (24 months) and the term of the lease contract is set at KRW 270 million (hereinafter “instant lease agreement”).

(2) At the time of entering into the instant lease contract, Defendant D had not completed the registration of ownership preservation at the time of entering into the instant lease contract as an apartment newly constructed by reconstruction.

Defendant C, a partner of the first instance court, and Defendant D, a partner of the said B, explained to the Plaintiff that the debtor was liable for KRW 300 million to the new bank that made the instant apartment as security B. After the preservation of ownership of the instant apartment, the lessee requested the Plaintiff to re-transfer the address on the resident registration of the new bank to another place in order to set the priority order of the new bank after the preservation of ownership of the instant apartment.

3) The Plaintiff consented to the terms of the instant lease agreement, stating that “the lease contract on a deposit basis with a new bank loan of KRW 300 million, and the lessee cooperates with the lessor.” (B) After the Plaintiff fully pays the remainder, the Plaintiff entered the instant apartment on December 14, 201, and completed the fixed date and move-in report, but on January 10, 201, transferred the address on the resident registration card to B’s domicile on the part of the said apartment on the part of the said special agreement, on January 26, 2011, the Plaintiff again filed a move-in report on the instant apartment around January 26, 201. (c) The creation of a mortgage on the instant apartment and its execution, etc. regarding the instant apartment was completed in the middle of B on December 20, 2010, and on the same day, the registration of ownership was completed in the middle of B, the maximum debt amount of KRW 228 million, and the new bank, a new bank.

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