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(영문) 서울서부지방법원 2018.01.11 2016가단243651
임대차보증금
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) An annex map of 80.16 square meters of land strata on real estate listed in the attached list.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. C purchased 40.59/238.5 of the instant real estate from D on October 16, 201 and 24.69/145.1/145 of the share of 40.59/238 of the instant real estate and of 145.1m2, Eunpyeong-gu Seoul E, Seoul, for its site, KRW 5.5 million, and completed the registration of ownership transfer on each of the instant real estate on November 18, 201, but in fact purchased with the agreement of co-owners on each of the instant real estate and its site on the instant ground.

C paid 15 million won out of the above purchase price in cash, and acquired the lessee F or the lessee F or the lease term from July 30, 201 to July 29, 2013 the obligation to return the lease deposit amount of KRW 40 million under a lease agreement to be made from July 30, 2013.

B. On March 28, 2013, the Plaintiff, who was well aware with C, visited the I Licensed Real Estate Agent’s Office located in Eunpyeong-gu Seoul, which is operated by G, and entered the lease deposit amount of KRW 50 million with C with respect to subparagraph 1 of the instant branch floor (the contract deposit of KRW 5 million is paid at KRW 45 million as of April 20, 2013, respectively) and the lease term (hereinafter “instant lease agreement”) from April 20, 2013 to April 19, 2015.

G signed the instant lease agreement as a licensed real estate agent.

The Plaintiff completed a move-in report on the instant real estate on March 29, 2013, and received a fixed date on the same day.

C. On April 30, 2013, the Plaintiff filed an application for a loan of 35 million won for a loan of 35 million won with the Eunpyeong Credit Union (hereinafter “Seoul Credit Union”). Around that time, C visited the Bupyeong Credit Union to obtain a loan of 35 million won as security for the lease deposit with respect to 1st floor of this case, and then, C consented to the transfer of the above lease deposit with the effect that “if the Plaintiff has received a loan of 35 million won with respect to 1st floor of this case and fails to repay the above loan, he/she accepts the transfer of the right to return the deposit of this case to the Bupyeong Credit Union.”

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