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(영문) 대전지방법원 2019.10.01 2018나110743
보증금반환
Text

1.The judgment of the first instance, including the plaintiff's claim added by this court, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. The building on the 4th floor above the Da-dong and 2 lots, Nam-gu, Dong-gu, and Dong-gu (hereinafter “instant building”) is a building the registration of ownership preservation of which was completed on December 2004 by E, a real operator of D.

F and G purchase 1/2 shares of each of the instant building from E on April 15, 2016, and completed the registration of ownership transfer on May 30, 2016.

B. D Co., Ltd. leased the entire building of this case from F and G on May 30, 2016 by setting the deposit amount of KRW 500 million, term of lease from May 30, 2016 to May 29, 2017.

C. On October 7, 2016, the Plaintiff entered into a contract with D for the use of the instant second floor bath facilities of the instant building as KRW 500,000,000,000, from October 7, 2016 to October 6, 2017, with respect to the remaining hot spring water and store stores (hereinafter referred to as “the remaining hot spring water and store”) among the second floor bath facilities of the instant building.

However, in July and August of the vacations, the monthly salary was reduced to 2.50,000 won.

The Defendant purchased the instant building from F and G on March 28, 2017, and agreed to receive the instant building on April 28, 2017.

However, on April 18, 2017, the registration for entry of provisional seizure period of KRW 500 million on the instant building was completed, the Defendant, on April 24, 2017, entered the provisional registration of the instant real estate on the first priority of F, G, and the Defendant, on April 24, 2017, entered into an additional agreement that the leased income has been owned by the Defendant until the registration for transfer of ownership is completed after cancelling provisional seizure.

E. On April 26, 2017, the Defendant completed the provisional registration of the right to claim ownership transfer registration of the instant building.

In addition, May 2, 2017, the defendant and the lessee, including the plaintiff, visited the building of this case, clarified that they were new owners.

F. On May 31, 2017, the Defendant sent the monthly income to the Plaintiff in writing. From June 2017, the Plaintiff transferred the monthly income to the bank account (number H) known to the Defendant from June 2017.

On June 14, 2017, July 14, 2017, 700,000 won leave 50,000 won and August have been adjusted by reduction of 250,00 won per month.

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