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(영문) 서울북부지방법원 2017.02.15 2016가단27136
보증금반환 등
Text

1. The Defendant on October 23, 2013, as to the real estate stated in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 1, 2013, the Plaintiff entered into a lease agreement with the Defendant on the attached real estate (hereinafter “instant real estate”) with the terms of KRW 170 million, monthly rent of KRW 100,000,000, monthly rent of KRW 1000,000, and the term of lease from November 1, 2013 to 12 months (hereinafter “instant lease agreement”).

B. After the conclusion of the instant lease agreement, the Plaintiff and the Defendant agreed to increase the deposit amount of the instant lease agreement in KRW 10 million, and instead, reduce the monthly rent in KRW 80,000,000. Accordingly, the Plaintiff transferred KRW 9,550,000,000,000 calculated by deducting the expenses paid by the Plaintiff in relation to the lease out of KRW 10,000,000,000, which is the increased amount on November 4, 2013.

C. On December 9, 2013, the Plaintiff demanded the Defendant to register for the establishment of chonsegwon, and the registration for the establishment of chonsegwon (hereinafter “registration for the establishment of chonsegwon”) was completed on October 22, 2015, Seoul Southern District Court (Seoul Southern District Court), which became the Plaintiff of chonsegwon, as the receipt No. 7206, Oct. 23, 2013.

On July 8, 2016, after the expiration of the term of chonsegwon, the Plaintiff left the documents necessary for the registration procedure of cancellation of the registration of the establishment of chonsegwon in this case to the certified judicial scrivener through the certification of contents. As such, the Plaintiff claimed the refund of the lease deposit in this case simultaneously with the cancellation registration of the registration of the establishment of chonsegwon through the certified judicial scrivener.

E. On August 12, 2016, the Defendant entered into a sales contract with Nonparty C and D with the purchase price of KRW 524 million with respect to the instant real estate, and completed the registration of ownership transfer with respect to each of 1/2 shares on August 16, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, and 6, the purport of the whole pleadings

2. Determination:

A. According to the above findings of the determination on the cause of the claim, the lease contract of this case expired, and the plaintiff.

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