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(영문) 수원지방법원 2015.06.25 2014나35737
임대보증금반환
Text

1. The judgment of the first instance, including the Defendant (Counterclaim Plaintiff)’s counterclaim filed in the trial, is as follows.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 28, 1996, the E company’s 907 square meters is divided into the E company’s 726.7 square meters and F company’s 181 square meters. On November 6, 1998, E company’s 726.7 square meters were divided into E company’s 201.9 square meters, G company’s 228 square meters, H company’s 71.8 square meters, I company 32.3 square meters, J company 180.9 square meters, and K company 1.8 square meters.

B. D, on February 18, 1997, part of E large 726.7 square meters (which was divided into G large 228 square meters on November 6, 1998), constructed a building listed in attached Table 2 List 1 on the ground, and completed registration of preservation of ownership on March 28, 1997.

C. L, on February 18, 1997, part of E large 726.7 square meters (which was divided into JJ large 180.9 square meters on November 6, 1998) and construction of a building listed in attached Table 2 List on both sides of F (which changed its parcel number to “M”) and completed registration of preservation of ownership on March 28, 1997.

After that, N completed the registration of ownership transfer on August 8, 1997 by reason of the donation made by August 6, 1997.

On October 3, 1996, the Plaintiff entered into a lease agreement consisting of 31,00,000 of lease deposit money with respect to the real estate listed in the separate sheet No. 203 among the buildings listed in the separate sheet No. 2 List No. 1 (hereinafter “instant real estate”). On December 27, 1996, the Defendant entered into a lease agreement with respect to the part No. 202 of the building listed in the separate sheet No. 4 and the separate sheet No. 2 List No. 1 (hereinafter “instant real estate”).

E. On November 17, 1999, with respect to G 228 square meters, J 180.9 square meters (hereinafter “instant two parcels”) and H H 71.8 square meters, for which the registration of ownership transfer was completed under the name of O, the procedures for the auction of real estate was commenced to Suwon District Court P on November 17, 199, and Q received a successful bid for the instant two parcels, etc. during the said auction procedure, and completed the registration of ownership transfer.

F. Q filed a lawsuit against the respective owners of the buildings listed in the attached Table 2, including the Plaintiff, N, and the Defendant, and the 16-generation tenants, including Suwon District Court 2001dan21287. The above court filed a lawsuit for removal and removal of the building. The 16-households including the Plaintiff and the Defendant.

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