(영문) 수원지방법원 2014.01.17 2013나28442

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2014.01.17 2013나28442

임대차보증금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The text of the judgment of the court of first instance is set forth.

Reasons

1. Basic facts

A. On June 17, 2010, the deceased and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the terms that the deceased set the lease deposit amount of KRW 40 million and the lease term from July 20, 2010 to July 20, 2012 (hereinafter “the lease agreement”).

B. At the time of the conclusion of the instant lease agreement, the registration of creation of a mortgage on the instant apartment with a maximum debt amount of KRW 15 million was completed. At the time of the conclusion of the instant lease agreement, the Deceased and the Defendant repaid the secured debt of the instant apartment, and the Deceased’s completion of the registration of cancellation of the instant lease agreement, the Deceased shall pay the leased deposit increased by five million won, but the Deceased shall not pay the increased amount of KRW 5 million. In the event that the amount of the leased deposit is not paid, the Deceased agreed to pay KRW 50 million to the Defendant in monthly rent (hereinafter “instant special agreement”).

C. On July 20, 2010, the Deceased paid a deposit for lease under the instant lease agreement to the Defendant, and received the delivery of the instant apartment.

On September 2010, the cancellation registration of the instant right to collateral security was completed, and on August 16, 2011, the Deceased paid KRW 5 million to the Defendant for the increased amount of lease deposit according to the instant special agreement.

E. On June 28, 2013, the Deceased died. On June 28, 2013, the deceased jointly succeeded to the deceased’s property 2/11 shares, each of 2/11 shares by the Plaintiff (Appointed Party), G, Appointor G, I, J, and K (hereinafter “Plaintiff (Appointed Party G), Ha, I, J, and K”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the evidence and the statements in Gap evidence No. 3 before the facts of recognition, the deceased around July 20, 2010.

유사 판례

-울산지방법원 2018.01.10 2016가합23720

-서울동부지방법원 2012.09.06 2011가단34188

-인천지방법원 2015.08.20 2014가단65273

-서울고등법원 2012.09.06 2012나25373