(영문) 부산지방법원 2017.05.24 2016가합44434

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.05.24 2016가합44434

임대차보증금

Text

1. The Defendant’s KRW 150,000,000 as well as 5% per annum from May 11, 2016 to July 22, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On September 4, 2014, the Plaintiff entered into a lease agreement with C to lease a building of 8th floor (Eel, hereinafter “instant building”) owned by C with a fixed lease deposit of 300 million won, monthly rent of 12 million won, and from September 29, 2014 to September 28, 2016 (hereinafter “instant lease agreement”), and paid the said lease deposit to C around that time.

B. On the other hand, on September 25, 2014, C filed a registration of chonsegwon (hereinafter “registration of chonsegwon”) with respect to the instant building with respect to the Plaintiff, who had the right to lease on a deposit basis, from September 23, 2014 to September 26, 2016, in order to secure the obligation to return the said deposit to the Plaintiff.

C. On January 29, 2015, the Defendant completed the registration of ownership transfer based on sale on December 2, 2014 with respect to the instant building, and completed the registration of ownership transfer based on trust in the name of the KB real estate trust Co., Ltd. (hereinafter “KB real estate trust”) on the same day.

On the other hand, on January 29, 2015, the Plaintiff received KRW 45 million as premium for the instant building from the Defendant, and completed the registration of cancellation of the instant chonsegwon.

E. Afterward, the KF real estate trust filed a lawsuit against the Plaintiff seeking the delivery of the instant building by Busan District Court 2015Gahap44192, and received a favorable judgment from the above court on March 30, 2016. The Plaintiff transferred the instant building to the KF real estate trust around May 10, 2016, in accordance with the purport of the said judgment.

F. On June 28, 2016, the Defendant returned to the Plaintiff KRW 150 million out of the lease deposit under the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1 to 4, Gap evidence 4, 7, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. Determination on the cause of the claim 1.

유사 판례

-수원지방법원 2016.07.12 2015가합63971

-서울고등법원 2014.12.18 2014나2008798

-부산지방법원 2018.03.13 2016가단64035

-서울고등법원 2016.06.22 2014나10139

-서울남부지방법원 2014.01.14 2013가합12489