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(영문) 인천지방법원부천지원 2014.05.28 2013가단35797
임대차보증금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. On March 10, 2007, the Plaintiff entered into a lease agreement with the Diplomatic Association Diplomatic Association (hereinafter “Diplomatic Association”) on the lease of the first floor of E, F ground G building No. 104 (hereinafter “instant building”) owned by the Diplomatic Association during the period from March 10, 200 to March 10, 200, with a deposit amount of KRW 50 million, monthly rent of KRW 2 million, and the lease term of KRW 2 million from March 10, 2007 to March 10, 2009, and paid the said deposit to Diplomatic Association.

B. Since then, on November 18, 2009, upon the application of the Korean Agricultural Cooperatives, which is the mortgagee of the right to collateral security, the decision of voluntary commencement of the building of this case was rendered.

C. Around December 24, 2009, Diplomatic Association (representative I) drafted a “statement of the integrated performance of the Diplomatic Association” (hereinafter “instant execution letter”) with the Defendant church (the representative K, the name at the time was “B religious organization Lever,” and the later changed) in order to resolve the debt incurred in the process of constructing the buildings of the three-story religious facilities (hereinafter “Diplomatic Association building”) on the ground of the J of the Guri-si. The main contents are as follows.

1. Name: The name of the church shall be changed to the name of the Diplomatic Association (C).

2.Organization 2-1. Trader: I shall resign from the position of a master, and shall remain in the position of a master, and shall remain in the position of a vice minister of the L bridge;

2-2. It shall be represented by an acting wood officer;

3. Property: Real estate, finance, movable property, and all properties belonging to the Council 3-1. L church ownership;

3-2. Liabilities submitted by Diplomatic Association shall be promptly repaid within 2.3 billion won and shall take appropriate measures. D.

Accordingly, on December 24, 2009, Diplomatic Association completed the registration of ownership transfer on the ground that it donated to the defendant church with respect to the land and the Diplomatic Association building in the old city, and around that time, the defendant church acquired the obligations of the D church Co., Ltd., and completed the registration of ownership transfer in the name of the above Savings Bank with respect to the above land and building.

E. The instant building is a voluntary auction procedure around September 15, 2010.

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