(영문) 인천지방법원 2015.07.03 2014나16807

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(영문) 인천지방법원 2015.07.03 2014나16807

임대차보증금반환

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On March 10, 191, the Plaintiff entered into a lease contract (hereinafter “instant lease contract”) with respect to “7 Dong-dong 402” (hereinafter “instant real estate”) from among “H (C’s representative”) located in Nam-gu, Incheon (hereinafter “instant real estate”) as KRW 21,00,000, and paid the lease deposit around that time. The Plaintiff, along with F, as the husband, completed the move-in contract with F, and occupied and used the “E 7-402” located in D on April 13, 191.

B. On April 7, 2010, the Defendant (J prior to the opening of the name) entered into a sales contract with the following terms: (a) on the purchase price of KRW 418,00,000, and the remainder of KRW 378,000,000 (which shall deduct the total amount of KRW 319,000,000 from the lease deposit) to be paid on April 10, 2010 (hereinafter “instant sales contract”); and (b) around that time, the Defendant paid all the purchase price under the said contract, including the instant real estate, at KRW 16,00,00.

C. On November 12, 2010, on the instant real estate, the indication of the register of an aggregate building was “E loan No. 7 302, 302,” and the registration of ownership preservation was completed in the name of the Defendant. The Defendant completed the registration of ownership transfer with respect to the instant real estate on the ground of sale as of December 30, 2010 to G on December 30, 2010.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 7, 9, 11, Eul evidence No. 1, Eul evidence No. 2-1 and 2, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Defendant, at the time of purchasing the instant real estate, concluded a sales contract on the condition that the Defendant acquires the obligation to return the lease deposit to the Plaintiff for the development of the scenic area industry at the time of the purchase of the instant real estate, and as such, the period of the instant lease expires, the Defendant

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