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(영문) 수원지방법원 2017.04.14 2016가합78475
보증금반환
Text

1. The Defendants jointly pay to the Plaintiff KRW 280,000,000.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Basic facts

A. On March 11, 2013, the Plaintiff entered into a lease agreement with F to lease (hereinafter “instant lease agreement”) 280,000,000 won with respect to the G Apartment Nos. 644, 1003 (hereinafter “instant apartment”) at Sungsung-si (hereinafter “instant apartment”), with the term of lease from April 2, 2013 to April 2, 2015, and pays the said deposit amount of KRW 280,00,000,000 upon delivery of the said apartment on April 2, 2013.

3. A move-in report shall be completed; and

B. Defendant B’s wife received the registration of ownership transfer for the gift on March 5, 2014, No. 36956, as of March 6, 2014, with respect to one-half portion of the instant apartment.

C. Following the death of the F on March 29, 2014, Defendant B, who owned the networkF, jointly inherited the shares of 3/14 of the remainder of the instant apartment, and 2/14 of the shares of 14, as to the shares of 2/14 each of the instant apartment, but the said inheritors were adjudicated to accept a report on the inheritance-limited approval by Suwon District Court No. 2014-Ma1387.

(hereinafter “The instant qualified acceptance”). Thereafter, on November 11, 2015, a formal auction procedure for liquidation with the Suwon District Court J (hereinafter “instant auction procedure”) was conducted with respect to the remaining one-half portion, and Defendant C, D, and E received a joint bid for KRW 150,100,00 for each of the instant apartment units, and completed the registration of ownership transfer for each of the instant apartment units on July 12, 2016, for the reason of sale due to a formal auction for liquidation.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4-1, 2, Eul evidence 1 to 4, and the purport of the whole pleadings

2. Assertion and determination

A. The lease contract of this case is terminated by serving a copy of the complaint of this case on the plaintiff 1's assertion of the parties, and the defendant B and the remaining two-half of the apartment of this case are entitled to one half of the right of share holder.

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