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(영문) 창원지방법원통영지원 2019.07.10 2019가단21360
임대차보증금반환 등
Text

1. The plaintiff's action against the defendant is dismissed.

2. The Plaintiff:

(a) Defendant B shall be KRW 110,184,989 and this shall apply.

Reasons

1. Basic facts

A. On December 1, 2011, the Plaintiff entered into a lease agreement with E on the condition that the lease deposit is KRW 120,000,000 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) and the lease term is determined from December 20, 201 to December 19, 2013, and entered into a lease agreement with the Plaintiff to lease the instant real estate. On December 20, 201, the Plaintiff transferred the instant real estate to the instant real estate address and received a move-in report for resident registration and received a fixed date on December 26, 201.

B. Around August 2014, the real estate in this case was auctioned to the Changwon District Court through the Youngwon District Court, and G was awarded a successful bid on April 22, 2015 and completed the registration of ownership transfer in its name.

The plaintiff filed a report on the right and demand for distribution as a lessee in the above real estate compulsory auction procedure, but failed to receive dividends.

The Plaintiff filed a lawsuit against G to claim the return of the lease deposit with the Changwon District Court Heading 2015da5612, and on November 24, 2015, the said court rendered a judgment ordering G to pay KRW 120,000 to the Plaintiff. The said judgment became final and conclusive on December 15, 2015.

On January 21, 2016, the Plaintiff: (a) completed the lease registration (hereinafter referred to as “the lease registration of this case”) made by the lessee as the Plaintiff on December 26, 201, on January 21, 201, under the order of lease registration received on January 21, 2016 by the Changwon District Court 20,000,000 won; (b) on December 26, 2011, the lease date was the lease date; (c) on December 26, 2011, the resident registration date was December 20, 201; (d) the possessor was the first date of commencement on December 20, 201; and (e) on December 26, 2011, the lessee was the Plaintiff (hereinafter referred to as “the lease registration of this case”); and (e) retired from the instant real estate on April 18, 2016.

C. On May 2, 2016, the Plaintiff filed an application for a compulsory auction on the instant real estate with the original copy of the said judgment as an executive title, with the Changwon District Court Tong-won Branch H, and Defendant B filed an application for the said compulsory auction on the said real estate (hereinafter “instant auction procedure”) on November 4, 2016.

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