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(영문) 수원지방법원 2019.06.12 2018가합872
보관금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts (applicable for recognition: The non-contentious facts, Gap evidence 1, 2, 3, 9 (including provisional numbers; hereinafter the same shall apply);

(ii) the entry in Category B(6) and the purport of the entire pleading

A. On July 1987, the Plaintiff purchased each real estate listed in the separate sheet in C name (hereinafter “instant real estate”) and completed the registration of ownership transfer in C future.

B. On June 20, 198, the Plaintiff had the Defendant operate the house in the attached list (hereinafter “instant building”) and entered into a lease agreement with the Defendant on February 22, 1990, setting the deposit deposit amount of KRW 50 million, monthly rent of KRW 4 million, and the lease period of KRW 1 million.

C. On December 27, 1994, C entered into a contract to sell D and the instant real estate amounting to KRW 985 million (hereinafter “instant contract”) with D and D, and agreed on February 15, 1995 to receive KRW 100 million on the contract date, and the intermediate payment of KRW 300 million on February 15, 1995, and the intermediate payment of KRW 585 million in March 15, 1995, respectively, and KRW 315 million in the remainder, and the lease deposit amount of KRW 115 million in the secured debt of the instant real estate (= KRW 25 million in the lease deposit amount of KRW 25 million in the amusement restaurant of KRW 200 million). Since then, C agreed to collect KRW 5 million in the amount to increase the above entertainment restaurant deposit as KRW 15 million.

D has completed the registration of ownership transfer on March 15, 1995 with respect to the instant real estate.

2. The Defendant asserted that the Plaintiff had the purchase price under the instant sales contract kept in custody of the Defendant, and that the instant lawsuit seeking the return thereof was concluded on September 1, 2013 with respect to the instant lawsuit seeking the return thereof, and that the Plaintiff and the Plaintiff would not be held liable for civil and criminal liability in any future.

On September 1, 2013, the Plaintiff evaluated and transferred the land of Gyeonggi-gun E and F as KRW 50 million on September 1, 2013.

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