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(영문) 서울동부지방법원 2014.07.25 2013가단53480
전세보증금반환
Text

1. The defendant shall pay KRW 120,000 to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On August 21, 2012, the Plaintiff entered into a contract with the Defendant to lease KRW 120,00,000 as the lease deposit for the lease of KRW 120,00,00,00 from October 31, 2012 to October 30, 2014 (hereinafter “instant lease contract”), and deposited KRW 12,00,000 as the down payment, and the remainder of KRW 108,00,00,000 in the account designated by the Defendant or the Defendant around October 16, 2014, and occupied the leased house under the name of the Defendant or the Defendant.

As the title holder of the leased house of this case was C, the lessor of the lease contract of this case was C, and C signed and sealed on the lessor column. However, the leased house of this case was newly built by the Defendant operating a new building and a sales business, and its registration of ownership preservation was actually owned by C, which is the spouse of this case. At the time of the lease contract of this case, the Defendant was the owner of the leased house of this case and entered into a lease contract as the actual contracting party.

At the time of the instant lease agreement, the leased house of this case had the right to collateral security of KRW 117,00,000 with the maximum debt amount of KRW 117,00,000, which is the mortgagee of the said 3-dong community credit cooperatives. However, as the Plaintiff was able to conclude the lease agreement because of the excessive secured debt amount of the senior community credit security, the Defendant promised to complete the registration of reduction of the maximum debt amount of the said right to KRW 52,00,000 by October 31, 2012, and the fact that the Defendant stated this in the special agreement on

However, the reduction registration as promised by the Defendant was not made, and instead, on the leased house of this case, Hyundai Investment Loan Co., Ltd. on February 19, 2013 is a mortgagee.

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