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(영문) 서울중앙지방법원 2016.11.16 2016가단68763
임대차보증금반환 등
Text

1. The Defendants jointly share KRW 58,064,40 with respect to the Plaintiff and KRW 15% per annum from July 12, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On January 26, 2006, the Plaintiff leased the instant house from C, which completed the registration of ownership transfer with respect to 2/3 shares among the houses listed in the separate sheet (hereinafter “instant house”), for the lease period from February 25, 2006 to February 24, 2007, by setting the lease deposit amount of KRW 53 million and the lease period from February 25, 2006 to February 24, 2007.

2. On February 25, 2009, the period of lease was extended between C and C by February 24, 2009.

B. On April 29, 2009, the Plaintiff: (a) leased the instant house from C with the lease deposit amounting to KRW 58 million; and (b) from April 30, 2009, with the lease term fixed from April 24, 2009, and (c) paid the lease deposit amount in addition to the lease deposit amount of KRW 5 million on April 30, 2009; and (b) continuously occupied and used the instant house.

C. Around July 2009, the Plaintiff drafted a real estate lease agreement between D and D with regard to the instant housing, which entered into a real estate lease agreement between April 30, 2009 and April 29, 2011. D and E are the same year.

8.11. Each of the instant housing units under the same year with respect to shares of 1/2

7.24. Completion of the registration of ownership transfer by reason of sale.

On April 29, 2013, the Plaintiff: (a) leased the instant house from D and E with the lease deposit amounting to KRW 58 million; and (b) from April 29, 2013 to April 28, 2016, the lease deposit was determined and leased (hereinafter “instant lease agreement”); and (c) continuously occupied and used the instant house in lieu of the lease deposit already paid.

E. Meanwhile, as to the instant housing on September 2, 2015, Defendant B had the same effect.

8. The Plaintiff completed the registration of ownership transfer on the ground of sale and purchase. Around that time, the Plaintiff prepared a real estate lease agreement with Defendant B, which entered into between April 29, 2013 to April 28, 2016, including the lease deposit amount of KRW 58 million and the lease period of KRW 58 million as in the instant lease agreement.

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