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(영문) 서울남부지방법원 2019.07.25 2018가단261456
청구이의
Text

1. The Defendant’s decision on performance recommendation for the lease deposit case against the Plaintiff by Seoul Southern District Court 2008Gaso30653.

Reasons

1. Facts of recognition;

A. On June 7, 2002, the Plaintiff acquired ownership of 363 square meters in Yeongdeungpo-gu Seoul Metropolitan Government D (hereinafter “instant land”) and sold 1/2 equity shares in the instant land to E on April 6, 2005. From that time, the Plaintiff and E shared 1/2 equity shares in the instant land until December 17, 2008.

B. Ftel G (hereinafter “instant building”) constructed on the instant land was owned by H. The registration of ownership revision was completed on August 17, 2002 under H and M’s name on which the registration of ownership revision was completed on March 11, 2008 under H’s sole name.

On March 14, 2006, upon the Plaintiff’s application, the Seoul Southern District Court rendered a compulsory decision to commence compulsory auction of the instant building (I; hereinafter “instant compulsory auction”) from the Seoul Southern District Court on March 14, 2006, and on October 12, 2007, the decision to commence compulsory administration of the instant building (J) was respectively issued.

C. On March 11, 2008, the registration of ownership transfer was completed in K with respect to one-half shares of the instant building. D.

With respect to L on February 13, 2008, the Defendant concluded a real estate use contract of KRW 3.5 million in deposit, monthly rent of KRW 2.5 million in deposit (hereinafter “instant lease contract”) with the lessor as the Plaintiff and E’s agent, and paid to L on February 15, 2008 KRW 3,500,000 ( KRW 50,000 in deposit, KRW 3,000,000 in deposit, March 1, 2008).

E. On September 21, 2008, the Defendant filed a lawsuit claiming the lease deposit against the Plaintiff and E, claiming that the Plaintiff and E were liable to return the deposit amount of KRW 3.5 million under the instant lease agreement, by asserting that the Plaintiff and E were obligated to return the instant building at the request of H and K, the owner of the instant building.

F. On November 4, 2008, the above court held that "the plaintiff and E shall jointly and severally pay to the defendant 3,500,000 won with 20% interest per annum from the day following the delivery of a copy of the complaint to the day of full payment."

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