(영문) 청주지방법원 2019.12.13 2019나11105

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(영문) 청주지방법원 2019.12.13 2019나11105

전세금 반환

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. (1) On March 30, 2013, the Plaintiff entered into the previous lease contract with C, and the two-story detached houses (hereinafter “the instant house”) on the ground D, Cheongju-si, Cheongju-si, Cheongju-si.

The term of the lease on a deposit basis is KRW 130 million and the term of the lease on a deposit basis is from April 3, 2013 to April 2, 2014 (hereinafter “previous lease agreement”).

(2) On April 2, 2013, the Plaintiff completed the move-in report on the instant house, and completed the registration of establishment of chonsegwon (hereinafter referred to as “registration of establishment of chonsegwon”) for the lease deposit amounting to KRW 130 million on the ground of the previous lease contract as the registration of the Cheongju District Court and the registration of the Cheongju District Court on April 2, 2013, which was received on April 2, 2013, and from April 3, 2013 to April 2, 2014.

B. 1) The Defendant entered into the instant sales contract with C on May 1, 2015 (hereinafter “instant sales contract”) with regard to the instant housing at KRW 50 million (hereinafter “instant sales contract”).

(2) On May 26, 2015, at the time of the instant sales contract, the registration of ownership transfer was completed on the instant housing on the grounds of the said sale. Meanwhile, at the time of the instant sales contract, the registration of ownership transfer was completed on the instant housing, which was registered on March 29, 2013, by the mortgagee FF association, the maximum debt amount KRW 450 million, and C, the debtor C, as of March 29, 2013.

3) On May 26, 2015, the date when the instant sales contract was concluded, the Defendant cancelled the registration of the establishment of the previous chonsegwon on the instant house on May 26, 2015, and registered the creation of a mortgage on the mortgagee E-association, the maximum debt amount of KRW 455 million, and the Defendant’s establishment of a mortgage on the Defendant

(3) On July 17, 2015, the Plaintiff entered into the instant lease agreement with the Defendant, with the term of KRW 130 million, and the term of the lease agreement from July 17, 2015 to July 16, 2016 (hereinafter “instant lease agreement”).

the same day.

유사 판례

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-서울중앙지방법원 2020.09.11 2019가단5267474

-대구지방법원 김천지원 2021.02.18 2020가단34802

-전주지방법원군산지원 2019.10.17 2018가단57320