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(영문) 서울서부지방법원 2014.12.12 2014가합33932
보증금반환
Text

1. The Defendant: (a) KRW 29,954,850 for Plaintiff A; (b) KRW 19,954,850 for Plaintiff B; and (c) KRW 16,954,850 for Plaintiff C.

Reasons

1. Presumed factual basis

A. On October 5, 2010, Plaintiff A entered in the separate sheet (hereinafter “instant building”) from the Defendant on October 5, 2010, including the conclusion of each lease agreement and the payment of lease deposit between the Plaintiffs and the Defendant.

(2) From October 28, 2010 to October 20, 2012, subparagraph 201 set the lease deposit amount of KRW 45,00,000, and the Plaintiff B paid KRW 45,000 to the Defendant until October 20, 2010. (2) On October 24, 2011, Plaintiff B leased the instant building No. 204 from the Defendant from October 28, 201 to October 28, 2013, and thereafter, leased the lease deposit of KRW 40,000,000 to the Defendant around that time.

3) On January 28, 2012, Plaintiff C leased the instant building No. 301 from February 3, 2012 to February 3, 2014, the lease deposit amount of KRW 42,00,000, and around that time, Plaintiff C paid KRW 42,00,000 to the Defendant. (B) As to the instant building on which the decision to voluntarily commence the auction of the instant building was rendered, Plaintiff C voluntarily rendered a decision to commence the auction on May 4, 2012 upon the obligee’s request.

2) On September 24, 2013, Plaintiff A agreed to increase the lease deposit amount of KRW 10,00,000 with the Defendant and the instant building No. 201 on September 24, 2013, upon the recommendation of Defendant and Licensed Real Estate Agents G, etc., that the money to be agreed with the creditor should be needed to suspend the above auction even after the lease term of the instant building No. 201 expires. Plaintiff B paid KRW 10,00,000 to the Defendant on the same day. Plaintiff B paid KRW 10,000 to the Defendant for the suspension of the above auction. Plaintiff B, upon the recommendation of Defendant and G Licensed Real Estate Agent, etc., need to have money to be agreed with the creditor E to suspend the above auction. Plaintiff B paid KRW 5,00,000 to the Defendant and the instant building No. 204 around September 20, 203.

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