(영문) 수원지방법원 2017.07.13 2016나65039

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.07.13 2016나65039

보증금반환

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The plaintiff's assertion and judgment

A. On September 27, 1997, the Plaintiff’s assertion entered into a lease agreement with the deceased C (hereinafter “the deceased”) stating that the lease deposit amount of KRW 12,00,000 and the lease deposit amount of KRW 12,00,000 with respect to the No. D 101 (hereinafter “the instant house”) in Ansan-si, Ansan-si (hereinafter “the instant lease agreement”) from September 27, 1997 to September 27, 1999 (hereinafter “the instant lease agreement”). On the same day, the Plaintiff paid KRW 12,00,000 to the deceased.

However, the Defendant concluded a sales contract with the Deceased on June 7, 199 to purchase the instant house, and completed the registration of ownership transfer on August 11, 1999. Therefore, the Defendant, the transferee of the instant house, is obligated to refund the lease deposit paid by the Plaintiff to the Plaintiff in accordance with the instant lease contract, as well as damages for delay.

B. In full view of the following circumstances acknowledged by the reasoning of the judgment of the court below, Gap evidence Nos. 1 and 9 (including the number of branch numbers), and the result of the fact inquiry of the court of first instance and the purport of the entire pleadings, it is not sufficient to acknowledge that the plaintiff entered into a lease agreement with the deceased on the housing of this case and paid the deceased KRW 12,00,000 to the deceased, and there is no other evidence to support this, the plaintiff's above assertion is without merit.

1) The plaintiff alleged that he entered into the instant lease agreement on September 27, 1997 and resided as a lessee until June 2007. However, on April 8, 200, the lease registration in the name of F, the lessee on the instant house was completed on the ground of the lease registration order on December 17, 1999. (2) The plaintiff filed a sublease contract by asserting that he lent the instant house to G on June 11, 2007.

유사 판례

-수원지방법원 성남지원 2018.04.03 2017가단210692

-인천지방법원 2021.03.31 2020나50723

-인천지방법원 2017.07.05 2016가단46801

-부산지방법원 2017.10.18 2016가합40517

-부산지방법원 2015.05.07 2014가단56566