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(영문) 창원지방법원 2020.06.18 2019가단10944
임차보증금반환
Text

1. Defendant B pays to the Plaintiff KRW 70,000,000.

2. The plaintiff's claim against the defendant C is dismissed.

3...

Reasons

1. Basic facts

A. On April 18, 2002, Defendant B completed the registration of ownership transfer with respect to the multi-family house on the D ground (hereinafter “instant house”) in Seongbuk-gu, Changwon-si, Sungwon-si, the registration of ownership transfer was completed on June 21, 2013 by Defendant C, a partner of Defendant B, due to sale on June 14, 2013, and the registration of ownership transfer was completed on March 8, 2019 (hereinafter “the instant termination of contract”).

B. On January 18, 2010, the Plaintiff entered into a lease agreement with Defendant B and the instant housing E with a term of KRW 20 million per month, KRW 220,000 per month, and the term of lease from January 17, 201 to April 16, 201, and remitted the said lease deposit amount of KRW 20 million to the account in the name of Defendant B.

(hereinafter “former lease agreement”). The previous lease agreement was implicitly renewed after the expiration of the lease term, and was terminated on February 2016.

C. On February 3, 2016, the Plaintiff entered into a lease agreement with Defendant C on a deposit basis for KRW 70 million for the lease deposit, and from February 3, 2016 to February 24, 2016 (hereinafter “instant lease agreement”). Of the lease deposit, KRW 20 million out of the said lease deposit shall be substituted by the lease deposit paid by the Plaintiff to Defendant B at the time of the previous lease agreement, and the remainder of KRW 50 million shall be transferred to the account in the name of Defendant C on the same day, and the said subparagraph shall be transferred to the account in the name of Defendant C on the same day, and reside therein. D.

On February 12, 2016, the Plaintiff completed the resident registration of the instant house and obtained the fixed date of the instant lease agreement.

E. The instant lease agreement has been implicitly renewed after the expiration of the lease term. On April 16, 2019, the Plaintiff expressed to Defendant B, and Defendant C on May 27, 2019, each of the instant lease agreements was terminated.

[Reasons for Recognition] Facts without dispute, Gap 1 through 6, Eul 1 and 2, and the purport of the whole pleadings

2. The plaintiff.

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