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(영문) 서울남부지방법원 2014.08.12 2013가합18708
임대차보증금
Text

1. The Defendant’s KRW 132,465,110 as well as 5% per annum from August 24, 2013 to November 28, 2013 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 28, 1998, Nonparty C, the husband of the Plaintiff, leased Nonparty D with KRW 80,000,000,000 of the deposit money, and completed a move-in report on May 18, 1998, and maintained the resident registration until September 15, 2013 while living together with the Plaintiff (hereinafter “instant right of lease”). In addition, Nonparty C was established a right of lease under the said lease agreement from D on May 14, 1998 as to the instant apartment from KRW 80,000,000 (hereinafter “instant right of lease”).

B. C, upon agreement with D on May 15, 2002, increased the deposit for lease of the right to lease of this case to KRW 185 million. Furthermore, on October 13, 2003, C completed the registration of change of right to lease on a deposit basis with the same amount as the deposit for lease of this case.

C. Around December 18, 2009, D changed the trade name to the non-party military agricultural cooperative (Uulsan Agricultural cooperative; hereinafter collectively referred to as "military agricultural cooperative") with respect to the apartment of this case, D created the right to collateral security with the maximum debt amount of KRW 169 million on April 21, 2005 and the maximum debt amount of KRW 96 million on April 22, 2008, respectively.

On May 15, 2006, the Plaintiff drafted a lease agreement under which the apartment of this case is leased in KRW 185 million with D for two years. On April 15, 2008, the Plaintiff re-established a lease agreement under the same content and received a fixed date on April 21, 2008.

On the other hand, on April 28, 2008, the registration of the creation of chonsegwon of this case was cancelled on the ground of termination on April 28, 2008, and on the same day, the registration of the establishment of chonsegwon of 185 million won for the apartment of this case was newly completed on the same day.

E. On February 22, 2013, the Defendant: (a) was awarded a successful bid in the real estate auction procedure (hereinafter “instant auction procedure”) established as Seoul Southern District CourtF regarding the instant apartment; and (b) on August 23, 2013.

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