logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.05.28 2013나33871
임대차보증금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 11,00,000 for the Plaintiff and its related expenses from December 27, 2012 to April 2013.

Reasons

1. Facts of recognition;

A. On October 17, 2012, the Plaintiff leased C Apartment 2001 Dong 1702 (hereinafter “instant apartment”) from the Defendant for KRW 110,00,000 (hereinafter “instant apartment”) and the Plaintiff paid KRW 2,000,000 to the Defendant on the date of the contract, and paid KRW 11,00,000 to the Defendant on October 22, 2012, the Plaintiff agreed to pay the remainder amount of KRW 11,00,000,000 to the Defendant on December 27, 2012.

B. In the apartment of this case, the right to collateral security was established for the Japanese bank and the maximum debt amount of KRW 190,800,000. The Plaintiff and the Defendant agreed to register the alteration by reducing the maximum debt amount of the right to collateral security prior to the payment of the Plaintiff’s remainder to KRW 176,80,000, as a special agreement at the time of the instant lease agreement.

C. On December 27, 2012, the Plaintiff: (a) confirmed that the instant apartment registry was perused; and (b) did not have any registration of change to the right to collateral security; (c) notified the Defendant that the instant lease was cancelled on the ground of the nonperformance of registration of change to the right to collateral security; and (d) demanded the return of KRW 11,00,000,000 for the down payment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 5, purport of whole pleadings

2. Determination

A. According to the above facts, the Defendant did not perform the special terms and conditions of the instant lease agreement, which decided to change the establishment registration of a mortgage near the remainder before the payment of the remainder of the lease amount, and the Plaintiff cancelled the instant lease on this ground. Thus, the instant lease agreement was rescinded as the Defendant’s default.

Therefore, the defendant is obligated to return to the plaintiff the down payment KRW 11,000,000, which is paid as the restoration to original state.

B. The defendant does not pay any balance until December 27, 2012, which is the remaining payment date, to the plaintiff.

arrow