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(영문) 인천지방법원부천지원 2019.06.13 2019가단14921
임대차보증금
Text

1. The primary Defendant is KRW 47,690,000, and 5% per annum from February 1, 2019 to June 13, 2019, and 200.

Reasons

1. Facts of recognition;

A. Status 1) The Plaintiff is the Plaintiff’s building D and E (hereinafter “instant real estate”).

(2) The primary Defendant is the owner of the instant real estate and the lessor, who is the lessee of the instant real estate.

3) Preliminary Defendant is the purchaser of the instant real estate. (B) On February 13, 2017, the Plaintiff concluded a lease agreement with the primary Defendant and the instant real estate amounting to KRW 50 million, KRW 2100,000,000 per each year (payment on February 27, 2017), and from February 27, 2017 to February 26, 2019 (hereinafter “instant lease agreement”), and paid KRW 5 million as the down payment to the primary Defendant on the same day.

2) On February 27, 2017, the Plaintiff paid the remainder of the instant lease agreement to the primary Defendant, and received the instant real estate from the Plaintiff. 3) On December 19, 2018, the Plaintiff sent a text message to the primary Defendant, “I would like to enter into a lease agreement with the buyer,” which is the date of the instant real estate transfer, on January 30, 2019, the Plaintiff sent a text message stating that “I would know the Plaintiff,” and the primary Defendant sent a text message stating that “I would know the Plaintiff.”

4) On January 31, 2019, the Plaintiff delivered the instant real estate without refund of deposit for lease. (c) On November 26, 2018, the primary Defendant concluded a sales contract with the conjunctive Defendant to sell the instant real estate at KRW 475 million (hereinafter “instant sales contract”) on the same day, and received KRW 47 million as down payment from the conjunctive Defendant on the same day.

2) At the time of the conclusion of the instant sales contract, the sales contract for a commercial building (No. 1) prepared by B is indicated as “the purchaser’s succession to the status of KRW 50 million”.

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