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(영문) 의정부지방법원고양지원 2014.04.11 2013가단32393
전세보증금 등
Text

1. Defendant B’s year from August 5, 2013 to April 11, 2014 with respect to KRW 330,000,000 and the above money to the Plaintiff.

Reasons

1. Basic facts

A. On December 12, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, setting the deposit amount of KRW 40 million with respect to the second-story detached house of KRW 86.53 square meters among the two-story buildings of the general steel structure structure and the general steel structure roof on the land owned by Defendant B (hereinafter “instant housing”) and the period from December 14, 2012 to December 14, 2012 (hereinafter “instant lease agreement”).

B. The above lease contract was concluded by Defendant C, the owner of D land, on behalf of Defendant B, and the above lease contract was written by Defendant B as a building lessee, and Defendant C as a landowner respectively.

C. After paying Defendant C a down payment of KRW 3 million on December 12, 2012, and the remainder of KRW 37 million on December 14, 2012, the Plaintiff resided in the instant house. On the other hand, the Plaintiff notified the Defendants of the inconvenience to live due to the defect, such as drinking water, and agreed to the Defendants and the directors. Accordingly, on August 4, 2013, the Plaintiff and the directors were to own car.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap 1 through 6, the purport of whole pleadings

2. Determination

A. The summary of the Plaintiff’s assertion 1) The Plaintiff’s argument that the instant housing was located due to water erosion, etc., and the Plaintiff gave notice of termination or termination to the Defendants, and went to the director on August 4, 2013. As such, Defendant B was a party to the instant lease agreement. Defendant C, as a party to the instant lease agreement, was practically the lessor (Defendant C did not transfer the deposit money to Defendant B but directly enjoy economic benefits. Defendant C transferred the instant housing under its own name on December 4, 2013 during the lease term under the instant lease agreement.

) As to the Plaintiff, KRW 30,000,000 and KRW 40,000 for lease deposit and compensation for damages, KRW 330,00 for the director’s expense (=2,40,000 for the transportation of sridges and 90,000 for the plaintiff’s own cargo, two cargo cars are transported.

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