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(영문) 청주지방법원 2016.09.28 2016가단9643
보증금 반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 25, 2013, the Plaintiff entered into a contract to lease on a deposit basis with the term from December 10, 2013 to December 10, 2015 with respect to the fourth floor (402; hereinafter “the instant portion of the house”) of the residential building in the Chungcheong-gun C multi-family house owned by the Defendant and the Defendant, with the term of 83.5 square meters (402; hereinafter “the instant portion of the house”), and completed the registration of the establishment of chonsegwon as the term of 2324 on December 10, 2013, with the Cheongju District Court receipt of the Cheongju District Court.

B. On November 25, 2013, the Plaintiff prepared a lease contract with the Defendant stating the same content as the above lease contract, and obtained a fixed date on November 28, 2013 in the contract, and received a delivery of the instant housing portion from the Defendant.

C. On March 20, 2014, the Defendant concluded a sales contract with D for multi-family houses containing the instant housing portion, and completed the registration of ownership transfer in D as the same registry office No. 8963 on May 19, 2014.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, the purport of the whole pleading

2. The assertion and judgment

A. The Plaintiff asserts that, on April 29, 2015, the procedure for sale of the multi-family house containing the instant housing is underway, the Cheongju District Court E, so the lease contract or lease contract between the Plaintiff and the Defendant has been terminated due to the Plaintiff’s termination notice or expiration date, the Defendant is obligated to return KRW 80,000,000 to the Plaintiff.

B. In the event that the ownership of the subject matter is transferred after the establishment of chonsegwon, there is no express provision in the Civil Act as to whether the relation of chonsegwon continues to exist between the person having chonsegwon and the former owner, or between the person having chonsegwon and the new owner who acquired the ownership of the subject matter, but if the ownership of the subject matter is transferred, the Civil Act claims for reimbursement arising from the relation of chonsegwon.

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