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(영문) 전주지방법원 2017.05.01 2016가단20536
전세보증금반환 등
Text

1. The Defendant’s KRW 100,000,000 as well as the Plaintiff’s annual rate from July 28, 2016 to May 1, 2017, and the following.

Reasons

1. Facts of recognition;

A. In fact, the head of Si/Gun/Gu No. 103, No. 103, 71.89 square meters (hereinafter “instant housing”) in the Jeonju-si, Jeonju-si was owned by D (Gain Name: E). On August 27, 2015, the Defendant entrusted his/her name to the Defendant for registration.

B. D sold KRW 160,000 to G, who was represented by F, as agent, for the instant house, KRW 150,000,000,000,000 for the secured debt of the right to collateral security established on the instant house, and was paid the remainder of KRW 55,00,000.

However, G delegated the lease of the instant house to G, as a security deposit received by leasing the instant house, there was a defect that G would pay the said KRW 5 million.

C. On March 31, 2016, G entered into a lease agreement on behalf of the Defendant (hereinafter “instant lease agreement”) with H, on behalf of the Plaintiff, with a deposit amount of KRW 100 million, and with a down payment of KRW 20 million, the remainder KRW 80 million was paid on April 15, 2016 when entering into the contract, and the period was from April 15, 2016 to 24 months (hereinafter “instant lease agreement”).

In addition, the Plaintiff paid KRW 20 million to D by means of remitting the down payment of KRW 20 million to the account designated by G. On April 15, 2016, the Plaintiff borrowed KRW 70 million from the Nonghyup Bank to the Defendant’s account and remitted the remainder of KRW 10 million to the Defendant’s account.

On the other hand, upon D’s request, the Defendant confirmed the fact of the instant lease contract to Nonghyup Bank at the time when the Plaintiff received the loan from Nonghyup Bank as above.

On April 15, 2016, the Defendant repaid the Defendant’s loan obligation of KRW 20 million to the Defendant’s account at D’s request, and transferred the remainder KRW 60 million to F’s account. On April 27, 2016, the Defendant completed the registration of ownership transfer on the instant housing to F on April 26, 2016.

E. On April 14, 2015, the date of delivery by the Plaintiff.

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