(영문) 수원지방법원 2017.06.09 2016가합81860

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(영문) 수원지방법원 2017.06.09 2016가합81860

보증금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On the first floor of Seocho-gu Seoul Metropolitan Government Multi-household built of reinforced concrete (hereinafter “instant building”) the real estate indicated in 101 as well as 102 as the main gate display (hereinafter “real estate No. 101”) is located on the right side based on the level of stairs attached to the collective building ledger, and on the left side of the stairs, the real estate indicated in 102 as well as 101 as the main gate display (hereinafter “real estate No. 102”) are located as follows.

- The first floor of the building of this case - [the main 102 indication of the main : 101] The owner of the real estate of this case / [the main 102] owner D and E stairs / [the main : 102 indication of the present status of the building: 101] the owner F

B. On September 24, 2012, the Plaintiff entered into a lease agreement between F and F, the owner of the instant real estate No. 101, with respect to the instant real estate No. 101, the deposit amount of KRW 205,000,000, and the lease period from October 22, 2012 to October 22, 2014.

C. The Plaintiff had obtained the fixed date on September 26, 201 with respect to the instant real estate No. 101, and completed the move-in report on October 22, 2012, the Plaintiff is residing in the instant real estate No. 101 until now.

On September 1, 2016, the Defendant awarded a successful bid for real estate indicated as “Seoul Seocho-gu 1st floor No. 102” in the G voluntarily auction procedure commenced by the Sungnam Central Credit Cooperatives, which is the above F’s creditor, and completed the registration of ownership transfer on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion is the same day after receiving a successful bid of the real estate No. 101 in the auction procedure regarding the real estate No. 101 of this case.

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