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(영문) 수원지방법원 안양지원 2018.01.26 2016가단5014
임대차보증금반환
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 40,100,000 won and 5% per annum from October 19, 2016 to January 26, 2017.

Reasons

1. Facts of recognition;

A. On November 16, 2013 from Defendant C, the Plaintiff leased the portion of “A” (hereinafter “instant building”) size 26.6 square meters connected in sequence of each point indicated in the attached Form No. 8, 9, 10, 11, and 8, among the real estate listed in the attached Table No. 8, 16, which was owned by Defendant C, from Defendant C, from November 16, 2013, with deposit deposit of KRW 50 million, monthly rent of KRW 2.2 million, and the lease period from November 16, 2013 to November 30, 2015.

B. On June 4, 2013, the Plaintiff’s Intervenor entered into a sales contract with Defendant C by setting the purchase price of KRW 2.35 million with respect to the real estate, etc. listed in the separate sheet owned by C (hereinafter “instant real estate”). On November 1, 2013, the Plaintiff’s Intervenor entered into a sales contract with Defendant C by setting the purchase price of KRW 2.35 million. On November 1, 2013, the Plaintiff’s claim for ownership transfer registration based on the sale of the instant real estate was made as preserved right, and the registration was completed upon the Defendant’s decision to prohibit the provisional disposal of real estate under

(hereinafter “Provisional Disposition of this case”). C.

Accordingly, on November 16, 2013, the Defendants issued to the Plaintiff a lease deposit payment agreement (hereinafter “instant agreement”) stating that if the Plaintiff is unable to use or benefit from the instant building due to changes in ownership, etc. on November 16, 2013, the Defendants jointly and severally liable for the repayment of the lease deposit to the Plaintiff. On January 9, 2014, the Plaintiff entered into a lease agreement with Defendant C to change the lease term of the instant building to KRW 2.5 million by December 9, 2014, and stipulated the following special agreement:

(hereinafter “instant lease agreement”). D

D. On June 19, 2015, the Plaintiff’s Intervenor filed a lawsuit against Defendant C seeking the registration of ownership transfer concerning the instant real estate by the Suwon District Court, which was rendered a favorable judgment and the said judgment became final and conclusive, and completed the registration of ownership transfer on the instant real estate on June 19, 2015.

E. The Plaintiff’s Intervenor on August 7, 2015.

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