(영문) 부산지방법원 2019.08.22 2018가단20206

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Reasons

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(영문) 부산지방법원 2019.08.22 2018가단20206

임대차보증금 반환

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 29, 2015, the Plaintiff entered into and terminated a lease agreement. Around March 29, 2015, the three-story detached houses (multi-family houses; hereinafter “instant building”) on the ground C, which were owned by the Defendant from the Defendant.

2) Of the two floors D(70 m2, 20 m2, 30 m2,000 m2,000)

[1] 5,00,000 Won 55,000 (hereinafter “the instant lease deposit”)

(2) The term of lease is set from March 31, 2015 to 24 months and lease (hereinafter “instant lease agreement”).

(2) On March 29, 2015, the Plaintiff paid KRW 49,500,000 to the Defendant respectively, and KRW 49,50,000 on March 30, 2015. (2) The Plaintiff completed the move-in report under D around March 31, 2015, and was handed over from the Defendant around that time.

3) Around February 2017, the Plaintiff notified the Defendant of the refusal to renew the instant lease agreement, and the Plaintiff intended to refund the instant lease deposit from the Defendant to the end of May 1, 2017. B. The Defendant prior to the ownership transfer of the instant building, completed the registration of ownership transfer based on sale as of April 28, 2017, with respect to the instant building. (c) The Plaintiff of the Plaintiff’s order of registration of ownership transfer was completed on September 4, 2017, with respect to the instant building by the Changwon District Court 2017Kao-si, Seoul District Court 2017Kao5, the scope of the right of lease as “Dho-si, Seoul District Court 2017,” and completed the registration of housing lease on September 12, 2017.

2) The Plaintiff filed a report on the right and a request for distribution as the lessee at the above auction court (hereinafter referred to as “request for distribution of this case”).

(3) Each of the witness H and E’s testimony and the purport of the entire pleadings. [The facts of no dispute over the basis of recognition, Gap’s evidence Nos. 1 through 4, Eul evidence No. 1, Eul evidence No. 4, witness H and E, respectively.]

2. Determination as to the cause of action

A. The purchaser of the Plaintiff’s alleged real estate is related to the subject matter of sale.

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