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Reasons
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(영문) 의정부지방법원 2015.12.11 2014가단49623
임대보증금
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1. As to the real estate stated in the attached list to C by the Defendant:

(a) The District Court of the Republic of Korea shall be the ordinary registry office;

Reasons

1. Facts of recognition;

A. On June 24, 2010, C Co., Ltd. (hereinafter “C”) established a real estate management and disposal trust (hereinafter “instant trust”) with the Defendant, setting the trust period from June 24, 2010 to June 24, 2015 as the beneficiary C, and setting the real estate recorded in the separate sheet (hereinafter “instant real estate”) as the trust property and with the purport that the Defendant will trust the real estate (hereinafter “instant trust”) as the trust property.

C On June 29, 2010, as the District Court Provisional District Court No. 17768 of Jun. 29, 2010 received on June 29, 2010, the trust registration for the instant trust (hereinafter “instant trust registration”) was completed to the Defendant.

The main contents of the instant trust are as follows.

Article 2. 【Purpose of Trust】 The purpose of the trust is to manage the real estate of this case on behalf of the truster and, if necessary, dispose of it at the discretion of the trustee.

Article 5 (Expiration or Termination of Disposition) The term of this trust shall be five years from June 24, 2010 to June 24, 2015.

The trust period may be extended by the truster with the approval of the trustee.

B. On March 23, 2011, the Plaintiff entered into a lease agreement with C by setting the lease term of KRW 24 months from March 31, 2011, and KRW 37 million from the lease deposit. Accordingly, the Plaintiff paid KRW 37 million to C and transferred the instant real estate on April 1, 201.

Since then, the Plaintiff expressed his/her intention to terminate the above lease agreement with C, and moved from the instant real estate around November 22, 201.

C. The Plaintiff filed a lawsuit against C with the District Court 2013Kadan52646 to receive a refund of KRW 37 million for the said lease deposit, and “C on December 10, 2013, while the said lawsuit is pending, shall pay to the Plaintiff KRW 37 million until March 20, 2014. If C pays the said amount.

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