(영문) 의정부지방법원 2018.02.23 2016가단116565

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(영문) 의정부지방법원 2018.02.23 2016가단116565

임대차보증금

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1. The defendant shall pay 65,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. According to the lease agreement concluded on March 31, 2012 on the building listed in the separate sheet, the Plaintiff’s signature and seal in C is deemed to lease the said building from C with a deposit of KRW 65,000,000, and the period from April 27, 2012 to April 26, 2014 (hereinafter “the above lease agreement”). The lower part of the above lease agreement is as follows: (a) the Plaintiff’s signature and seal in C; (b) the Plaintiff’s signature and seal in the lessee column; and (c) the broker column is as D’s signature and seal.

B. On April 30, 2012, the Plaintiff completed the resident registration of the above building with its address, and ② obtained a fixed date on the lease contract from the head of E, and is still residing in the above building until now. The above lease contract was implicitly renewed after April 27, 2014 at the expiration of the term.

C. The above lease contract was drawn up between the Plaintiff and the F under the brokerage of licensed real estate agents D, while F and C were married, but the agreement was reached on April 28, 201.

As to the above building, the registration of ownership transfer was completed as of February 15, 2012 under C’s name on March 13, 2012, and ② the registration of establishment of a neighboring mortgage to the debtor C was completed as of August 20, 2012 on the ground of the contract concluded in the name of G Cooperatives on August 20, 2012.

E. On August 1, 2014, upon the application for G Consultation, a voluntary decision to commence the auction was rendered to the District Court H of the above building on August 1, 2014, and the Defendant purchased the above building and completed the registration of ownership transfer on May 17, 2016.

According to the above real estate auction procedure, the appraised value of the above building was KRW 75,000,000, but the sale price was approximately KRW 13,130,000, only 17% of the above money.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 3 evidence, Eul 1-9, 1-43, and 1-44 evidence, the fact inquiry result of the court's first chapter, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. Plaintiff 1.

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