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(영문) 서울남부지방법원 2019.09.27 2018가단227074
임대차보증금반환 등
Text

1. Defendant B’s KRW 50,000,000 and the Plaintiff’s annual rate of KRW 5% from May 30, 2017 to August 6, 2018.

Reasons

1. Facts of recognition;

A. The plaintiff in relation to the plaintiff is a person who was in a de facto marital relationship with the defendant B's father, and the defendants are married.

B. On August 2, 1994, Defendant B, the legal relationship between the Plaintiff and Defendant B, completed the registration of ownership transfer on the ground of sale on December 31, 1992, with respect to Non-Acheon-si E apartment F (hereinafter “instant E apartment”).

On July 28, 1994, the Plaintiff and Defendant B entered into a lease agreement with the term of KRW 50,000,000 and the term of 24 months for the instant apartment. The Plaintiff and Defendant B continued to reside in the instant apartment, and the Plaintiff and Defendant B moved in the said apartment upon Defendant B’s request on May 29, 2017.

C. On February 26, 1999, the Plaintiff and Defendant C’s legal relation Plaintiff completed the registration of ownership transfer on the apartment as indicated in the separate sheet (hereinafter “instant G apartment”) due to sale on January 4, 199.

On February 25, 1999, the Plaintiff and Defendant C entered into a lease agreement with the term of 60,000 won of deposit and 24 months of lease regarding the instant G apartment. The Defendants married and resided in the said apartment from around that time.

On November 24, 2016, the Plaintiff sent to Defendant C a certificate to the effect that he/she does not want to renew the instant G apartment, and that he/she transferred the said apartment after the termination of the contract period.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. The plaintiff in the part of the claim against the defendant B asserted that, at the time of the sale of the instant apartment, the network D paid the sale price at the time of the sale of the instant apartment, and that, at the time of the registration of transfer in the name of the defendant B, the defendant B prepared a lease agreement under the evidence No. 1 in the sense that the right of the plaintiff could be guaranteed as the defendant B would later claim ownership. Accordingly, the defendant B written the lease agreement under the evidence No. 1.

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