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(영문) 울산지방법원 2016.01.12 2015가단61001
임대보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 103,061,698 and the interest rate of KRW 15% per annum from October 22, 2015 to the date of full payment.

Reasons

1. Basic facts

A. 1) The sale and lease 1) C on the apartment of this case is the building No. 701 of Ulsan-gu D 701 (hereinafter “the apartment of this case”).

(2) On November 26, 201, E was sold in lots the instant apartment under the pretext of payment in kind for the construction price claim from C on November 26, 201.

3) On March 12, 2013, the Plaintiff leased the instant apartment from E with the lease deposit of KRW 15 million, the lease term of the instant apartment from May 21, 2013 to May 20, 2014 (hereinafter “instant lease contract”).

(4) Under the instant lease agreement, the Plaintiff paid all the lease deposit worth KRW 1.5 million to E on March 12, 2013, KRW 20 million on March 21, 2013, KRW 25 million on March 21, 2013, and KRW 1.5 million on May 22, 2013.

5) Around May 22, 2013, the Plaintiff moved into the instant apartment, completed the move-in report on May 28, 2013, and received the fixed date on October 28, 2013 regarding the instant lease agreement. (B) On August 5, 2013, the Mapo Saemaul Saemaul Depository, which was in progress with the auction procedure regarding the instant apartment, completed the registration of creation of a mortgage over KRW 1.755 million with respect to the instant apartment (hereinafter “instant apartment mortgage”) and filed an application for the commencement of voluntary auction with the Ulsan District CourtF on August 19, 2013.

2) On August 6, 2015, the Defendant sold the instant apartment in the said voluntary auction procedure and completed the registration of ownership transfer regarding the said apartment. 3) The procedure for compulsory auction, such as the court G, etc., along with the said voluntary auction procedure, was conducted in duplicate. The Plaintiff filed a report on the right and demand for distribution regarding the claim to return the lease deposit under the instant lease agreement in the said G compulsory auction procedure, and received a distribution of KRW 1,938,302 out of the said lease deposit.

4 The Plaintiff is the Ulsan District Court 2015Kadan45 regarding the instant lease agreement.

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