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(영문) 부산지방법원 2016.11.15 2013가단100299
임대차보증금 반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C delegated the sale of real estate as indicated in the separate sheet to D, and issued to D the power of delegation as to the sale, a certificate of personal seal impression for sale issued directly on June 20, 2013, and a certified copy or abstract of resident registration.

D On June 26, 2013, the F Licensed Real Estate Agent Office located in Ansan-si, the office of the F Licensed Real Estate Agent, established a sales contract with the Defendant by setting the sales amount of KRW 600,000,000 with respect to the real estate stated in the separate sheet between the Defendant and the Defendant as a broker by G.

(hereinafter “instant sales contract”). B.

Since June 28, 2013, the registration of ownership transfer was completed in the name of the defendant on the attached property, and the provisional registration of the right to claim ownership transfer for the purpose of collateral in the name of H was cancelled on February 20, 2013, which was completed on the same day.

C. On June 28, 2013, the Defendant took out a loan of KRW 170,00,000 from the Nonghyup Bank, and set up a collateral of KRW 204,00,000 with respect to the real estate indicated in the attachment as collateral. As to the real estate indicated in the attachment with the loan, the Defendant cancelled the registration of the establishment of a collateral of KRW 204,000,000, which was paid to the obligor I, the Creditor Nonghyup Bank, and the maximum debt amount of KRW 204,000.

On August 26, 2013, the Plaintiff completed the registration of the housing lease on September 9, 2013 on the real estate stated in paragraph (2), among the real estate listed in the attached Form, based on the order of lease registration on the order of lease registration, which was established by the Suwon District Court Branch of Suwon District on August 26, 20

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence 1, Eul evidence 14, the purport of the whole pleadings

2. The parties' assertion

A. (1) On February 22, 2009, the Plaintiff leased KRW 305 (hereinafter “instant 305”) from among the real estate listed in the [Attachment 205] to KRW 23,000,000 as lease deposit, and occupied it after filing a move-in report on February 23, 2009.

On February 22, 2011, the lease deposit was increased by 25,000,000 won, and the renewal contract was continued on February 22, 2013 after the renewal of the lease contract.

(2) The Defendant on June 28, 2013.

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