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(영문) 서울서부지방법원 2018.08.23 2017가합40740
임대차보증금
Text

1. The Plaintiff:

A. The Defendants jointly share KRW 430,000,000;

B. Defendant B shall pay KRW 2,261,895 as well as its related amount.

Reasons

Basic Facts

The plaintiff, D, and the defendants are both married couple, and the defendant C is the family nationality holder.

On April 11, 2014, Defendant B entered into a general sales contract with E Housing Redevelopment and Improvement Project Association and F Apartment No. 304 of the third floor (hereinafter “instant apartment”) to purchase KRW 521,70,000 in the supply amount.

(hereinafter “instant sales contract”). G on September 23, 2015, the Plaintiff and Defendant B, on behalf of the Plaintiff, including the first lease contract, and the consciousness of Defendant B on behalf of the Plaintiff (the father of Defendant B), concluded a lease contract with Defendant B by setting the lease deposit amount of KRW 430 million (payment for the contract amounting to KRW 43 million, the balance of KRW 387 million, and the lease contract amounting to KRW 387 million) and the lease term from November 10, 2015 to November 9, 2017.

(1) On November 10, 2015, the Plaintiff borrowed KRW 220,000 (hereinafter “instant loan”) as “NH charter loan” from the Nonghyup Bank Co., Ltd. (hereinafter “CF”) on November 10, 2015 (hereinafter “CF”) and paid all remainder of the instant loan deposit to Defendant B around that time.

On November 10, 2015, Defendant B and Defendant C entered into a contract under which Defendant B donated 1/2 of the sales rights under the instant sales contract to Defendant C.

On February 16, 2017, E-Housing Redevelopment Project Association completed the registration of ownership preservation on the apartment of this case, and on April 17, 2017, the Defendants completed the registration of ownership transfer on each one-half portion among the Defendants.

Preparation of the second lease contract in the name of the PlaintiffG and the Defendants, etc., and the Plaintiff and G as lessee; the Defendants as lessor, the instant apartment complex was drafted on August 22, 2017, with the lease deposit amounting to KRW 430 million, monthly renting KRW 300,000,000 from November 10, 2017 to November 9, 2018.

hereinafter referred to as "the case."

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