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(영문) 부산지방법원 2019.06.13 2017가단333653
임대차보증금반환 등
Text

1. The Defendants jointly pay 140,000,000 won to the Plaintiff.

2. The plaintiff's remainder against the defendants.

Reasons

1. Facts of recognition;

A. On July 25, 2013, the registration of ownership transfer was completed in the name of Defendant C Co., Ltd. (hereinafter “Defendant C”), and the registration of ownership transfer was completed in the name of G Co., Ltd. (hereinafter “G”) on July 25, 2013 on the ground that the registration was completed on July 25, 2013.

B. On May 28, 2014, the Plaintiff: (a) as the lessor, and (b) as the lessee, entered into a lease contract for the lease on a deposit basis for the instant apartment with the Plaintiff as the lessee; and (c) from July 11, 2014 to July 10, 2016, the Plaintiff paid KRW 15,000,000 out of the deposit for lease on a deposit basis to Defendant C.

On July 14, 2014, the Plaintiff moved into the apartment of this case.

C. Defendant B Co., Ltd. (hereinafter “Defendant B”) had a claim, such as the cost of construction, against Defendant C, but agreed to be transferred the instant apartment as payment in lieu thereof.

On October 6, 2014, the Plaintiff concluded a lease agreement with Defendant B and Defendant B as a lessor, and with the Plaintiff as a lessee, with respect to the instant apartment as the lease deposit amounting to KRW 150,000,000, and with respect to the period from July 11, 2014 to July 10, 2016, and with the date of the contract as of May 28, 2014.

The Plaintiff paid 135,00,000 won out of the remainder of the deposit money to Defendant C at the request of Defendant B, as Defendant B had a debt to be paid to Defendant C on October 6, 2014, and Defendant B had a debt to be paid to Defendant C.

On November 28, 2014, Defendant C agreed to return the said deposit to the Plaintiff.

Defendant D (hereinafter “Defendant D”) also agreed on April 13, 2015 to return the said deposit money to the Plaintiff, which is an affiliate of Defendant C.

After that, the Plaintiff received 10,000,000 won out of the deposit money from Defendant D.

E. The lease contract between the Plaintiff and the Defendant B was renewed and terminated by the Plaintiff’s notification around August 30, 2017.

[Reasons for Recognition] Facts without dispute, Gap 1, 3 through 9, witness H, and the purport of the whole pleadings, defendant C, and defendant D.

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