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(영문) 서울중앙지방법원 2015.05.14 2014가합2100
임차보증금반환
Text

1. The Defendants jointly pay to the Plaintiff KRW 300,000,000 and the interest rate thereon from March 28, 2014 to the date of full payment.

Reasons

1. Indication of claim;

A. On March 14, 2011, the Plaintiff entered into a lease agreement with the Defendants by setting the lease deposit of KRW 40 million, monthly rent of KRW 2.4 million, and the lease term from March 14, 201 to March 13, 201, and paid KRW 40 million to the Defendants.

B. On March 25, 2011, the Plaintiff entered into a lease agreement with the Defendants by setting the lease deposit amount of KRW 260 million with respect to the entire D and 2 stories in Seoul Special Metropolitan City (150.05 square meters, hereinafter referred to as “instant real estate” in addition to the real estate in this paragraph) and from March 14, 2011 to March 13, 2013, and paid the Defendants KRW 260 million with the lease deposit.

C. However, the instant real estate had been voluntarily decided to commence auction on August 21, 2012 and September 19, 2012 due to the Defendants’ voluntary auction application by E and Substitute Savings Bank, a creditor of the Defendants, and the said real estate had been on the process of the auction procedure, and the F, the highest bidder, F, and G paid the sales price on January 21, 2014, and the ownership transfer registration was completed in F and G name on the same day.

The plaintiff was not paid the lease deposit during the real estate auction procedure of this case.

E. On March 28, 2014, the Plaintiff continued to occupy the instant real estate, and entered into a lease agreement again with F and G, the new owner of the instant real estate, and pursuant to the said new lease agreement, the Plaintiff occupied each of the instant real estate under the said new lease agreement.

2. Applicable provisions;

(a) Defendant A: Article 208(3)2 of the Civil Procedure Act (A)

(b) Defendant B and C: Article 208(3)3 of the Civil Procedure Act (a judgment by public notice)

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