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(영문) 울산지방법원 2017.10.18 2017가단8776
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Ⅰ. The facts following the premise of the determination are found to be either a dispute or the purport of the entire pleadings, other than each macroscopic evidence.

1. On January 31, 2015, the Defendant entered into a lease contract with the Ulsan-gu D apartment 102 Dong 701 (hereinafter referred to as the “instant apartment”) with the term from February 16, 2015 to March 15, 2016, by setting the lease deposit of KRW 30 million, monthly rent of KRW 1.5 million, monthly rent of KRW 1.5 million, and the term from February 16, 2015 to March 15, 2016

[1] On February 2, 2015, the Defendant completed the move-in report to the instant apartment on February 26, 2015 (B) and there is no dispute over the fact that the Defendant obtained the fixed date in the lease contract around that time.

3. Although the above lease agreement was terminated on March 15, 2016 due to the expiration of the period of validity, C did not refund the remainder of the lease deposit amount of KRW 21 million to the Defendant, and the Defendant did not voluntarily order C to voluntarily order the instant apartment.

(However, in this case, the Defendant asserted that “C was deprived of its possession on or around April 6, 2016,” and on the other hand, on March 30, 2016, E entered into a lease agreement with respect to the apartment of this case by setting the lease deposit amount of KRW 20 million, monthly rent of KRW 1.5 million, and from April 6, 2016 to April 5, 2017. After moving into the instant apartment on April 6, 2016, the Defendant completed the move-in report with the said apartment on April 11, 2016, and acquired the fixed date.

[A] 5. The defendant did not actually occupy or reside in the apartment of this case around April 6, 2016.

6. On April 12, 2016, the Defendant applied for the order of lease registration as the court 2016Kao30.

On April 18, 2016, this Court issued a leasehold registration order and completed the registration of the housing lease on April 21, 2016, on the apartment of this case as “the lease deposit of KRW 30 million, monthly rent of KRW 1.5 million, and the scope: the entire building”.

[Attachment 2; hereinafter “instant lease registration”). 7. The Defendant was unable to refund KRW 21 million in the remainder of the lease deposit from C after the expiration of the contract term, and on the date of the termination, the Defendant was unable to refund the lease deposit amount of KRW 21 million.

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