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(영문) 의정부지방법원 2015.08.21 2014가단86
전세보증금반환
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 34,307,568 and Defendant B with respect thereto from April 12, 2015, and Defendant C with respect thereto.

Reasons

1. Facts of recognition;

A. On March 1, 2010, the Plaintiff entered into a lease agreement with Defendant B, who represented by Defendant B, to lease (hereinafter “instant lease agreement”) 200 million won as the lease deposit and from April 13, 2010 to April 12, 2012, the lease deposit amount of 200 million won was paid by July 15, 2010, and the special agreement stipulated at the time of the instant lease agreement is as follows.

2. The creation status of one bank set at 216,00,000 won on the certified copy of the register.

3. A lessor (Defendant B)’s agent contract is the Defendant C’s agent contract due to his personal circumstances, and all responsibilities are against the agent (Defendant C).

B. After April 12, 2012, the expiration date of the instant lease agreement, the Plaintiff notified Defendant C that the instant lease agreement does not want to be extended on the ground of the provisional attachment registration on May 16, 201, the Namyang-ju, which was completed on the instant apartment on April 12, 201, and on April 30, 201, Defendant C entered into the instant lease agreement with the Plaintiff upon delegation of all rights as the mother of Defendant B, the owner of the instant apartment, and received KRW 200 million. The provisional attachment registration on the Namyang Yangyang-ju, which was completed on the instant apartment, was cancelled as of April 30, 2012, and entered into an agreement with the Plaintiff under the condition that the Plaintiff resides until the purchase of the instant apartment was made. Defendant C prepared a confirmation letter stating that “The Plaintiff does not incur any damage to the Plaintiff until the director was removed, and is liable for all civil and criminal charges in the event of nonperformance.”

C. Meanwhile, on the other hand, on January 22, 2013, with respect to the apartment of this case, the auction procedure was initiated to the Jung-gu District Court F with the application of one bank. The Plaintiff paid the price on December 4, 2013 upon receipt of a decision of permission for sale at the above auction procedure and paid the price on December 9, 2013.

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