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(영문) 대전지방법원서산지원 2015.09.08 2014가단6390
임대차보증금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As to the 412m2 and D large 411m2 and 411m34m2 on the ground in the name of the Defendant’s name, there is a lease agreement with the Defendant, the lessee, and the lessee from October 2, 2008 to October 2, 2010, and the security deposit amounting to KRW 50 million.

In the column of the Special Agreement on Lease, “30 million won shall be deposited into the EF account on October 2, 2008. 20 million won shall be deposited into the EF account on October 30, 2008. 3.2 million won shall be deposited into the deposit account on October 30, 2008. The agricultural cooperative FF shall be deposited as the down payment, and the KRW 3.2 million deposited on October 1, 2008 shall be deposited into the new cooperation.”

B. There exists the details that the Plaintiff remitted to F, on October 1, 2008, KRW 3.2 million to E, KRW 26.8 million on October 2, 2008, KRW 300,000 on October 25, 2008, and KRW 9.7 million on October 30, 2008, respectively.

C. On July 30, 2008, the Plaintiff filed a move-in report with husband G on the instant building, and resided in the instant building from that time.

E is the wife of the non-party He, the plaintiff, and the defendant is a person who has conducted real estate business with the network H, and F is a person who has been in the transaction with the network H.

E. On December 30, 2009, upon Nonparty I’s request, who is the mortgagee of the instant building and site as the mortgagee of the right to collateral security and the provisional seizure right, the voluntary auction on the instant building site was commenced on August 30, 200 and on August 19, 2010, the compulsory auction was commenced on the instant building site.

(S) The Daejeon District Court K case, the said voluntary auction case, and the said compulsory auction case were combined with the Western District Court of Daejeon District Court of the Daejeon District Court of the Daejeon District Court of the Republic of Korea (hereinafter referred to as the “instant auction procedure”). The Plaintiff demanded to pay KRW 50,00,000 to I for the refund claim of the lease deposit, and the execution court distributed KRW 148,612,025 to I, and KRW 50,000 to the Plaintiff, respectively, the amount of dividends to the Plaintiff was deposited as the Seosan Branch of the Daejeon District Court of the Daejeon District Court of the Daejeon District in 201 as the gold KRW 381.

(g)...

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