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(영문) 서울서부지방법원 2014.09.30 2013가단50384
임대차보증금 반환
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 90,000,000 and 20% per annum from February 12, 2014 to the date of full payment.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. On February 28, 2013, the Defendants: (a) purchased each of the three-story buildings (hereinafter “instant real estate”) with F(G) of Seodaemun-gu Seoul, Seoul, and KRW 700,000,000 among the Plaintiff’s mother-child E; and (b) purchased each of the 50,000,000,00 the unit of the building on one’s land outside Seodaemun-gu, Seoul, Seodaemun-gu, Seoul, and KRW 50,00,00,00 among the building on one’s land; and (c) separately prepared a contract on each of the said real estate and independently made the buyer’s name

Since the Defendants’ funds are somewhat insufficient at the time, in each of the above sales contracts, the Defendants and E entered into an additional agreement that the Defendants used a significant portion of the purchase price to acquire existing loans and the obligation to refund security deposit, while they also leased 303 directly residing by E to cover the balance after receiving the deposit. On March 29, 2013, E entered into an agreement that “If 303 houses are not leased until the payment date of the remainder of the day (e.g., May 30, 2013), E will reside until November 30, 2013.”

Afterwards, when the loans of the Defendants were delayed, the Defendants and E drafted a sales contract again on April 25, 2013.

(B) On February 28, 2013, the sales contract was prepared separately to purchase each of the above real estate separately from the sales contract. However, on February 28, 2013, the contents of the contract are similar to those of each sales contract. However, at this time, the buyer jointly purchased each of the above real estate in the name of the Defendants, and the remaining payment date was changed on June 21, 2013.

The Defendants paid any balance to E on June 24, 2013, and at the same time, E transferred the registration of ownership transfer of the instant real estate to the Defendants on the same day.

However, until that time, 303 units were not leased to a third party. As such, the Defendants and E are expected to be in the initial sales contract and as agreed in advance by the seller, the seller and the seller shall continue to reside in 303 units until November 30, 2013 as lessee even after the transfer of ownership, and deposit money is 90.

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