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(영문) 수원지방법원 2015.04.03 2014나41176
임대차보증금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff in relation to the designated parties C, who are equivalent to the money ordering payment below.

Reasons

1. Facts of recognition;

A. On September 26, 2010, “D (the Plaintiff’s mother) sold each real estate listed in the separate sheet owned by D to C in the purchase price of KRW 420 million, but the down payment of KRW 80 million was made on September 26, 2010, and the remainder of KRW 340 million was paid on October 16, 2010, respectively.” On October 26, 2010, each registration of ownership transfer was completed in the name of C with respect to each real estate listed in the separate sheet as above.

B. From December 15, 2010 to December 15, 2010, “the Plaintiff leases KRW 102 (hereinafter “the instant real estate”) among the buildings listed in attached Table 3 (hereinafter “instant real estate”) from C, with the term of lease fixed from December 15, 2010 to December 15, 201 (hereinafter “instant lease contract”). The term of lease is stipulated as follows: (a) the lease agreement with the content of the instant lease contract is written (hereinafter “the instant lease agreement”); (b) the said lease agreement signed and sealed the receipt of KRW 3 million at the time of the contract; and (c) the remainder amount of KRW 27 million is paid on December 15, 2010.

The plaintiff in the year of the contract term of the real estate of this case shall be leased with the consent of C owner of the property of this case by the lessor C, the lessor C, the lessee, and the lessor in one year of contract.

The office in use is the leased office of the plaintiff, and in any case, the office can not claim the premium to the plaintiff.

The plaintiff is using the deposit of KRW 30 million, and the monthly user fee of the owner shall be the end of each month.

The contract term shall be one year.

On January 11, 2012, the premium rate is set without premium rate.

Lessee : Defendant

C. Around January 201, the Plaintiff entered into an agreement with the Defendant on the same content as the following confirmation (hereinafter “instant agreement”) (hereinafter “instant confirmation”) and delivered the instant real estate to the Defendant.

Pursuant to the instant agreement, the Defendant: (a) KRW 300,000 in the Plaintiff’s account on March 15, 201; (b) KRW 600,000 in the Plaintiff’s account in the name of the Plaintiff; and (c) KRW 600,000 in the Plaintiff’s account on May 19, 201; and (c) KRW 600,000 in the name of the Plaintiff on July 20, 2011;

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