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(영문) 의정부지방법원고양지원 2014.06.13 2014가단3965
임대차보증금반환
Text

1. The Defendant: (a) KRW 24,00,000 for the Plaintiff and 5% per annum from October 1, 2005 to June 13, 2014; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) On May 13, 2003, the Plaintiff entered into a lease agreement and two rooms on the right-hand side of the second floor among the non-party C and the non-party D's ground buildings in Yongsan-gu, Soyang-gu (hereinafter "the leased object of this case").

(1) The term of lease deposit is set at KRW 40,00,000 for security deposit, and the term of lease is set at KRW 40,000 for security deposit and KRW 24 months from June 2, 2003 (hereinafter “instant lease agreement”).

(2) On June 8, 2003, the Plaintiff: (a) paid KRW 40,00,000 to Nonparty C the lease deposit; (b) paid KRW 40,000,000 to Nonparty C; and (c) thereafter, occupied and used the leased object. (d) On June 8, 2003, the Plaintiff lent KRW 10,000 to Nonparty C with a cash storage certificate stating that “the Plaintiff shall keep KRW 10,000,000 out of the deposit amount.”

B. 1) Auction, etc. of the leased object of this case was conducted in order to support the High Government District Court for the instant leased object E, and on September 15, 2005, a distribution schedule was prepared to distribute to the Plaintiff the amount of KRW 16,000,000 under the Housing Lease Protection Act. 2) The Plaintiff left out of the leased object of this case and received dividends of KRW 16,000,000 at around that time.

C. 1) Nonparty C is a person who was the representative of the Defendant and is currently the representative of the Defendant. 2) On January 25, 2005, the Defendant prepared and sent to the Plaintiff a letter as follows (hereinafter “instant letter”).

On June 2, 03, the date of the lease contract for the lease deposit for the lease deposit for the right-hand side of the D 2th, Yongsan-gu, Busan Metropolitan City, Incheon Metropolitan City, Seoyang-gu, the lessee is unable to pay the lease deposit for the lease deposit on June 2, 003, the date of the lease contract for the lease deposit for the F APT 102-802, Jungyang-gu, Busan Metropolitan City, the lessee is promising to file an application for provisional attachment with the land owned by the bank for the management of the GP in Gyeonggi-do on January 25, 2005.

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