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(영문) 청주지방법원 2014.08.13 2014가합106
임대차보증금반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is an owner who completed the registration of ownership transfer on November 2, 2009 with respect to a building on land of 388.9 square meters (hereinafter “the instant officetel building”) in Cheongju-gu, Seo-gu, Chungcheongnam-gu, Seoul, an aggregate building of each real estate, etc. indicated in the attached list.

B. On September 16, 2010, the Defendant: (a) sold the instant officetel building at KRW 2,900,000,000 to G, an incorporated association represented by F; and (b) concluded a sales contract that, among them, KRW 1,170,000,00, such as intermediate payments, etc., upon acquiring the Defendant’s obligation, etc. to pay for the instant officetel building, G, an incorporated association, by acquiring the Defendant’s obligation, etc. with respect to the instant officetel building; and (c) concluded a sales contract that, by December 31, 2012, G, an incorporated association, created a right to collateral security under the name of the Defendant with respect to the real estate owned by it, shall pay the said amount within five months thereafter.

C. After entering into the instant sales contract, F is the Defendant’s agent, and as to each real estate listed in the separate sheet with the Plaintiffs, F prepared each lease contract (hereinafter “each lease contract of this case”) with the following contents.

1) On January 2, 2012, Plaintiff A and F entered into a lease agreement with the Defendant that the Plaintiff leased real estate listed in the separate sheet No. 1 from January 5, 2012 to January 4, 2014, with the term of lease fixed at KRW 65,00,000. Accordingly, Plaintiff A paid KRW 6,50,000 to F on January 2, 2012, and on January 5, 2012, Plaintiff A paid KRW 6,50,000 to the Defendant’s bank account (Account No. H; hereinafter “instant account”).

(2) On June 27, 201, Plaintiff B and F drafted a lease agreement under which Plaintiff B would rent KRW 40,500,000 for lease deposit and KRW 100,000 for monthly rent from Defendant. (3) From July 3, 2011 to July 2, 2012, Plaintiff B and F set the lease agreement under which Plaintiff B would rent KRW 40,000,000 for lease deposit and KRW 10,000 for monthly rent.

Accordingly, it.

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