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(영문) 전주지방법원 2018.10.19 2018가단5272
임대차보증금
Text

1. The Defendant shall pay to the Plaintiff KRW 130,00,000 and the interest rate of KRW 15% per annum from March 14, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On December 26, 2014, C entered into a lease agreement with the Defendant, setting the lease term of KRW 130,000,00 for the apartment (hereinafter “multi-city apartment”) located in the following city: (a) from February 9, 2015 to February 9, 2017; and (b) the lease deposit of KRW 130,00,000.

B. On June 20, 2017, the Defendant sold the apartment located in Dasan-si, and concluded a sales contract with respect to 105 Dong-dong 1004 (hereinafter “E apartment”) on June 20, 2017, and completed the registration of ownership transfer on August 11, 2017. While living in C and E apartment, the Defendant converted C’s right to return the lease deposit against the Defendant to return the lease deposit against E apartment.

C. On December 18, 2017, C refers to a testamentary document of December 18, 2017 (hereinafter referred to as “ testamentary document of December 18, 2017”) with the following content as follows:

No. 1564, Dec. 18, 2017, which was certified as a testamentary document of the F office of the same day by the F office of the notary public of 2017 and 1564.

Testamentary design

1. He shall testamentary gift all of the lease deposit amount of KRW 130 million, 105,000,000,000,000,000,000,00 in the Jeonju-si E apartment,

2. Since the above B had been living together with approximately three years ago, and has been living in full, it would be better to waive the return of the above security deposit.

3. Marriage to the large children, it is short that they have given them an opportunity to prepare a deposit for a single house to the small children. However, they would not raise any objection related to the donation to a person living together with the donation, and live together with each other.

(Last) On December 18, 2017, the name of the testator C and the resident number No. 105, Dong 1004, Dong 105, Dong 1004: G

D. Meanwhile, on January 31, 2018, C is referred to as “a testamentary document of January 31, 2018,” which is referred to as “a testamentary document of January 31, 2018.”

No. 128 of 2018, a notary public’s office was certified on January 31, 2018 as to a testamentary document of 2018.

Testamentary design

1.Notarial Acts, No. 1564, 2017

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