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(영문) 인천지방법원 2016.09.21 2016나2000
임대차보증금
Text

1. On the part against Defendant B of the judgment of the first instance, the part against which payment is ordered below.

Reasons

1. Basic facts

A. On January 8, 191, the Plaintiff entered into a lease contract with respect to 7, Dong-dong 202, Dong-dong 7, Nam-gu, Incheon (hereinafter “instant real estate”). At the time, the Plaintiff agreed to grant a deposit of KRW 20 million to the Plaintiff at the time of entering into the lease contract with the Plaintiff at the time of issuing the completion certificate of the said building and at the same time establishing a first priority lease on a deposit basis prior to other real rights.

B. The Plaintiff, on May 25, 2009, transferred the move-in report under the above Dara 202, but transferred on May 7, 2010 to 3 Dong-gu, Incheon, Dong-gu 201.

C. On April 7, 2010, the instant company agreed to sell D lending 6, 7, and 16 (total number 16), including the instant real property, to Defendant B (F) for KRW 418,000,000,000 for purchase price of KRW 418,000.

(hereinafter “instant sales contract”). Article 1 (Method of Prohibition of Sale by Rent) (1) The buyer sets the sales price to the seller at the following intervals:

The total amount of the purchase price: 400 million won: 40 million won; the remainder at the time of conclusion of a sales contract: 378 million won; and the remainder on April 10, 2010.

Article 3 (Lease Deposit) In principle, a seller shall take over the lease deposit received from a lessee under a lease contract at the time of the buyer's acquisition of the land, but where it is inevitable to take over the lease before acquiring the land, it shall be subject to the formation of legal superficies

(other than occupants without opposing power). (d)

On November 12, 2010, upon the application of Defendant B’s creditor G’s provisional seizure, the registration of preservation of ownership in Defendant B’s name was completed in the instant real estate on November 12, 2010, and Defendant B’s real estate to Defendant C on November 15, 2010.

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