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(영문) 서울서부지방법원 2016.02.12 2015가단24471
임대보증금반환등
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Facts of recognition;

A. On April 19, 2008, the Plaintiff entered into a lease agreement with C to lease a building listed in the attached list (hereinafter “instant building”) with a rental deposit of KRW 40,00,000, and the lease term of KRW 50,000 from May 3, 2008 to May 2, 2010, and began to reside after delivery of the said building, and thereafter the said lease agreement has been implicitly renewed.

B. On November 9, 2012, the Defendant purchased the building from D, which was solely inherited by consultation or division, due to the death of C on November 9, 2012, and completed the registration of ownership transfer concerning the building on December 20, 2012.

C. On November 26, 2007, the E-Housing Reconstruction Project Association (hereinafter “instant association”) obtained authorization for establishment from the head of Seodaemun-gu Seoul Metropolitan Government on November 26, 2007 to implement a housing reconstruction project in the size of 57,684 square meters. The instant building was included in the said reconstruction project zone. However, although the Defendant intended to withdraw from the said association as a member of the said association and received cash settlement, the said association lost in the lawsuit claiming ownership transfer registration against the Defendant (Seoul Western District Court 2015Ga3397).

On May 13, 2015, the Plaintiff entered into a lease agreement with SP on a fixed deposit of KRW 27,90,000 for rental deposit of KRW 27,90,00 for rental deposit of KRW 27,90 for rental deposit, and KRW 180,000 for rental fee, Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the long-term rental apartment of KRW 403 Dong 204 for a long-term rental apartment, from SPP, but the Plaintiff was unable to move into a lease agreement with SPP as a borrowed deposit, which

E. Accordingly, on June 29, 2015, the Defendant promised to pay the Plaintiff KRW 50,000,000 in total, and KRW 10,000,000,000,00 for the deposit deposit, until September 30, 2015, and agreed to pay KRW 10,000,00 as penalty if the Plaintiff fails to perform the obligation.

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