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(영문) 수원지방법원성남지원 2013.11.15 2012가단36769
전세금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The land and the land in Gwangju City were owned by E, and the two houses (one story of 98.58 square meters, 2 stories of 66.15 square meters, hereinafter “instant houses”) were newly constructed on the above two lands, and registration of ownership preservation was completed in the future on December 19, 2000, and E thereafter completed the registration of ownership transfer with respect to each of the above land and the instant housing on September 9, 2002 to F, ASEAN, who was ASEAN on September 10, 202.

B. As of February 19, 2012, the Plaintiff: (a) entered into a lease agreement on the second floor of the instant housing (hereinafter “instant lease agreement”); and (b) obtained a fixed date on February 24, 2012 from February 20, 2012; (c) entered into the said lease agreement with G (the husband of the said E, and F, as his/her husband; (d) KRW 30,000,000; and (e) KRW 24 months from February 20, 2012 (hereinafter “instant lease agreement”); and (d) entered into the said lease agreement as “the lessor and the lessee shall prepare the said agreement under the agreement.”

C. On March 2, 2012, F completed the registration of ownership transfer on the grounds of sale on February 15, 2012 with respect to each of the above land and the instant housing to the Defendant, one’s mother, who was his mother.

[Reasons for Recognition] Evidence Nos. 1, 3, and 10, the purport of the whole pleadings

2. At the time of new construction of the instant house around March 200 by collecting money from the Plaintiff’s large wife H and small wife F, which caused the Plaintiff’s claim, the Plaintiff may reside in the Plaintiff on the ground that the Plaintiff may newly construct the instant house with KRW 30 million by investing only KRW 30 million in the Plaintiff, and later, the Plaintiff agreed to distribute the portion of the Plaintiff’s investment at a reasonable market price when the form with the registered title sold the instant house. To confirm this, F was written on March 3, 2002 between E and the Plaintiff, the head of the Plaintiff, who had the registered title holder of the instant house, and the real estate lease agreement between E and the Plaintiff.

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