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(영문) 서울북부지방법원 2017.02.03 2016가단9022
임대보증금반환등
Text

1. The part of the Plaintiff’s claim for cancellation of the registration of prohibited matters against the Defendants is dismissed.

2. Defendant B, and .

Reasons

1. Facts of recognition;

A. The Defendants were those who run a new construction and sales business of H-built Housing in Seongbuk-gu Seoul, Seoul, the leased housing in question. The Defendants completed the registration of preservation of ownership of the leased housing in the name of the Defendants on February 5, 2007 under the name of the Seoul Northern District Court, Dongdaemun-gu registry office of the Seoul Northern District Court, which was received on February 5, 2007. In addition, the Defendants completed the registration of prohibited matters (hereinafter referred to as the “registration of prohibited matters of this case”) stating that “this house shall not be subject to transfer, establishment of a limited real right, seizure, provisional seizure, provisional disposition, etc. of the relevant house unless it obtained the consent of the prospective occupants.”

B. On October 19, 2013, at the J Licensed Real Estate Agent Office located in the above I, the Plaintiff concluded a lease agreement between Defendant B and Defendant B on behalf of the Defendants, the remaining co-owners, with the lease deposit amounting to KRW 150 million, and the lease period from December 20, 2013 to December 20, 2015 (hereinafter “instant lease agreement”).

C. In the context of the Special Agreement on the instant lease agreement, the following is indicated: “A lease agreement was executed by the representative of the lessor D, E, F, B, and C, and all responsibilities for the lease are B.” The lessor’s column includes the signature of the Defendant B and C.

On the other hand, Defendant E delegated prior authority to conclude the instant lease agreement to Defendant B.

On or around December 2, 2015, the Plaintiff sent to Defendant B proof of its intent to refuse to renew the instant lease agreement, and received the said notification around that time. On or around December 29, 2015, the Plaintiff spent KRW 207,000 as the costs of repairing the heating boiler of the leased house on or around January 5, 2016.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, respectively.

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