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(영문) 의정부지방법원고양지원 2016.05.13 2015가단90164
임대차보증금반환 등 청구의 소
Text

1. The Plaintiff:

A. Defendant B: (a) KRW 80,000,000 and 5% per annum from March 16, 2016 to May 13, 2016; and (b)

Reasons

1. Basic facts

A. On April 2, 2015, the Plaintiff: (a) decided to lease Defendant B with the third floor 303 (hereinafter “the leased object of this case”) among the multi-family housing located in Yongsan-gu, Busan-gu; (b) decided on April 2, 2015, the deposit amount of KRW 80,000,000, and the period from April 22, 2015 to April 21, 2017 (hereinafter “instant lease agreement”); and (c) Defendant C is a licensed real estate agent who arranged the said lease agreement.

B. The following is specified in the column for the special terms and conditions of the instant lease agreement.

- Loans are the maximum amount of claims KRW 360,000,000.

- The senior lease is 350 million won.

C. The Plaintiff fully paid KRW 80,000,000 to Defendant B according to the instant lease agreement. The Plaintiff obtained the fixed date on April 9, 2015 while using and earning profit from the leased object of the instant lease.

However, on August 28, 2015, Defendant B, including the leased object of the instant case, and the decision to voluntarily commence the auction was rendered on August 28, 2015 with respect to the whole building and land of Defendant B, and the appraised price of each of the said real estate was KRW 853,064,00.

E. Other lessees who had already resided in the multi-family house in Defendant B before April 2, 2015 when the Plaintiff entered into the instant lease agreement and their legal relationships are as follows:

On March 3, 2015, whether to pay non-fixed dividends of 1201 F 20,000, F 200,000 won on the date of the transfer of deposit money for the lessee in the family room; KRW 2101 G 8,500,000 on April 14, 2014; KRW 4302, I 75,000,000 on September 3, 2012; KRW 50,000 on July 3, 2013; KRW 520,000,000 on July 3, 2013; KRW 520,00,000 on August 14, 2014; KRW 520,00,000 on July 3, 205; KRW 105,00 on July 14, 2013; and KRW 10,000 on July 14, 2014.

F. As a result of the above auction procedure, the Plaintiff: B from the leased object of the instant case; B; and, on March 15, 2016, Goyang-dong, Busan-si O, 204.

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