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(영문) 울산지방법원 2017.11.15 2017가단56188
보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 95,00,000 and the interest rate of KRW 15% per annum from February 24, 2017 to the day of complete payment.

Reasons

The defendant is the wife of the plaintiff male son.

The apartment 502, 303 (hereinafter referred to as the apartment of this case) was originally owned by the plaintiff, and the registration of ownership transfer was completed on February 29, 2012.

The transaction value was reported as '10 million won'.

With respect to the apartment of this case, the right to collateral security was established on February 26, 2002 with the maximum debt amount of KRW 55.9 million (the actual debt amount of KRW 35 million) in the name of the Han Bank. However, on March 9, 2012, the Defendant borrowed the apartment from Samsung Fire Fire Marine Insurance Co., Ltd. as collateral, and repaid the loan to the Han Bank, and cancelled the right to collateral security on March 12, 2012.

On the other hand, the Plaintiff continued to reside in the Defendant even after selling the instant apartment, and on March 3, 2012, a lease contract between the Defendant and the Plaintiff on the instant apartment was made up with respect to the instant apartment.

[A] 4- The authenticity is recognized as a result of the appraiser D’s appraisal of documents. The deposit was not actually received, but it was a conclusion of the above lease contract in lieu of the payment of KRW 95 million remaining after subtracting the loan amount of KRW 35 million taken over by the Defendant out of KRW 130 million of the above purchase price.

The parties are not subject to dispute.

After all, the apartment of this case was awarded to the third party on August 16, 2017 upon the application for the auction of real estate on the side of Samsung Fire, with the Changwon District Court E on November 15, 2016.

[A] It is evident that this Court has been well aware of the termination of the lease contract.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from February 24, 2017 to the day of full payment, which is the day following the delivery of a copy of the instant complaint, to the Defendant.

The defendant first entered into a charter contract with the plaintiff 95 million won.

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