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(영문) 서울북부지방법원 2019.06.18 2018가단146383
임대차보증금
Text

1. The defendant shall deliver the attached list from the plaintiff to the plaintiff at the same time. 155,00,000 won shall be applied to the plaintiff.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4, the plaintiff leased the house of this case from C and D, the owner of the house listed in the separate sheet (hereinafter referred to as the "house of this case") on June 13, 2016, with the lease deposit of KRW 1550 million from July 1, 2016 to June 30, 2018 (the date the contract was concluded, with the fixed date of June 13, 2016), and completed the move-in report with the plaintiff on July 1, 2016, and the ownership transfer registration of the house of this case was delivered to the defendant around 05 (the ownership transfer registration was completed on August 9, 2015), and the plaintiff's ownership transfer registration was returned to the defendant around 108,200,000 won on the lease deposit of this case for sale and purchase of the house of this case without the ownership expiration of the lease contract of this case on October 16, 2016.

As to this, the Defendant asserts to the effect that ① the Defendant did not transfer the instant house from the Plaintiff (which appears to the purport of the simultaneous implementation defense), ② the loan of KRW 100 million as security has been executed, and provisional seizure registration has been completed, but the instant house has not yet been executed or the bonds have not been executed, and that the resolution would be resolved between the Plaintiff and the Plaintiff.

① Since the above argument is related to the obligation to return the deposit to the Plaintiff and the obligation to deliver the leased object to the Defendant, the above argument ① is with merit.

② Circumstances cited by the Defendant’s health unit and the Plaintiff’s lease deposit.

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