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(영문) 춘천지방법원 2015.10.08 2014가단6513
임대차보증금반환
Text

1. As to the Plaintiff KRW 25,00,000 and KRW 15,000 among them, the Defendant shall start on March 20, 2009, and the remainder 10,000.

Reasons

1. Facts of recognition;

A. On March 20, 2009, the Plaintiff entered into a lease agreement with the Defendant through C, who is its agent, with respect to the “second floor No. 201” (hereinafter “instant building”) among the unbuilt buildings on the land located in Chuncheon-si E, Chuncheon-si, where the Defendant requested D to construct a building, and was constructed on the land located in the Defendant (hereinafter “instant building”), as to deposit money of KRW 25 million,000,000, and the lease period from April 30, 2009 to April 29, 201 (hereinafter “instant lease agreement”), and paid KRW 15 million as the down payment on the same day, and KRW 10 million as the remainder payment on March 25, 2009, and KRW 10 million to the Defendant or D designated by the Defendant through C.

B. However, on July 1, 2009, the owner of the instant building was changed from the Defendant to the “F” due to the delay in construction, etc., and on September 17, 2009, the registration of preservation of ownership in the name of F was completed.

C. Meanwhile, as to the instant building on November 25, 2008, the Chuncheon District Court rendered No. 62013, Nov. 25, 2008: (a) the registration of creation of a neighboring mortgage that became the debtor, the mortgagee, the mortgagee of the right to collateral security; (b) the registration of creation of a neighboring mortgage that became the debtor, the debtor, and the mortgagee of the right to collateral security; (c) the registration of creation of a neighboring mortgage that became the debtor of the right to collateral security; and (d) the registration of creation of a neighboring mortgage that became the debtor, the debtor, the mortgagee of the right to collateral security, and the party to collateral security (the party to collateral security) was completed under the name of the buyer of the above auction procedure on Nov. 16, 2010.

[Based on the fact that there is no dispute, Gap evidence Nos. 1 and 5, and the result of the written appraisal by Eul evidence Nos. 1 and 5, the defendant's name recognized as the defendant's penology is written in the lessor's column of the evidence No. 1 lease agreement and the lessor's column of the evidence No. 5.

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