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(영문) 광주고등법원 2017.06.30 2016나16602
임차보증금반환채권부존재확인의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On June 21, 2013, the Plaintiff and C entered into a lease agreement: (a) leased deposit; (b) the Plaintiff and C agreed that the Defendant would directly pay the Plaintiff KRW 500,000,000 from June 21, 2013 to June 21, 2018 of the lease deposit (hereinafter “instant lease agreement”); (c) the lease deposit amount of KRW 70,000,000,000 from the deposit amount to the cost of interior construction work for the instant funeral hall business, and the cost of installation of an indoor storage room, which is KRW 20,00,000,000 from the cost of installation of an indoor storage room, among the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On June 21, 2013, the Defendant paid 50,000,000 won for down payment to C. On July 21, 2013, the Defendant wired 380,000,000 won for the total amount of KRW 380,00,000 on the account of community credit cooperatives (Account NumberO) in the name of C, and the total amount of KRW 180,00,000 on August 9, 2013. Meanwhile, on July 9, 2013, the Defendant contracted 270,00,000,000 for the construction cost of the interior facility construction of the funeral hall of this case to the P who operates G and operated G, and paid 270,00,000,000 won for the construction cost of the interior facility construction of the funeral hall of this case from July 10, 201 to April 26, 2014.

C. 1) After the termination of a lease agreement, K and J (hereinafter “K, etc.”) shall be deemed to be the procedure for compulsory auction of real estate conducted to the Gwangju District Court I at the request of creditors H.

(2) On August 6, 2015, the instant real estate was knocked down, and on August 20, 2015, the Defendant received an order from the Gwangju District Court L to transfer real estate to Q Q of the instant funeral hall. (2) Accordingly, on September 3, 2015, the Defendant issued an order to transfer the instant funeral hall to the Plaintiff and C to the effect that “it is no longer possible to use the instant funeral hall in accordance with the order to transfer the said real estate, thereby paying the lease deposit amount of KRW 500,00,000, as the instant lease was terminated.”

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