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(영문) 수원지방법원 2019.05.23 2019가합12292
보증금반환
Text

1. At the same time, the Defendant received the documents from the Plaintiff of Sungsung City apartment and D, and at the same time, KRW 235,00,000 to the Plaintiff.

Reasons

1. Indication of claim;

A. On October 21, 2014, the Plaintiff entered into a lease agreement with E to KRW 225,00,000, and the lease term from November 24, 2014 to November 23, 2016, on the lease deposit with respect to the chemical C apartment and D (hereinafter “instant real estate”).

B. The Defendant purchased the instant real estate from E on October 14, 2014, and completed the registration of ownership transfer on the instant real estate on November 24, 2014.

On August 10, 2016, the Plaintiff entered into a lease agreement with the Defendant to increase the lease deposit to KRW 235,000,000 with respect to the instant real estate, and to extend the lease term by January 23, 2019.

C. The Plaintiff requested the Defendant to refund the lease deposit on January 23, 2019 where the term of lease expires six months prior to the expiration of the term of lease and several times, but the Defendant did not comply therewith.

Even though the lease contract on the instant real estate has been terminated, the Defendant is still obligated to pay the Plaintiff the lease deposit at the same time as the transfer of the instant real estate from the Plaintiff.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

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