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(영문) 창원지방법원 2017.01.20 2016가단17241
임차보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from October 1, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On May 11, 2016, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) stipulating that the Plaintiff shall lease the third floor of KRW 302 and KRW 52.8 square meters of the multi-family house located in Seocho-gu Seoul Special Metropolitan City (hereinafter “the instant multi-family house”) owned by the Defendant during the period from May 14, 201 to May 13, 2018, the Plaintiff entered into the instant multi-family house with the term of KRW 60,000,000 as the lease deposit, and the term of lease from May 14, 2016 to May 13, 2018.

B. At the time of the instant lease agreement, the instant multi-family house was set by the following as the instant special agreement:

The purpose of registration of the setting date of sequence 1 (1) on August 2, 2011, 201, the mortgagee of the right to collateral security (260,000,000 won for the maximum debt amount of the right to collateral security (2) on August 2, 201, the Busan Special Self-Governing Province, Busan Special Self-Governing Province, Busan Specialized Co., Ltd. (2) on August 2, 201, Busan Specialized Co., Ltd. (3) Busan Specialized Self-Governing Province, Busan Specialized Co., Ltd. (3) on August 10, 201, 203, 401, 70,000 won for lease on a deposit basis on a deposit basis (401,00 won for lease on a deposit basis) on August 19, 201, to the extent of 1,50,000 won for lease on April 15, 2016.

C. After entering into the instant lease agreement, the Plaintiff paid KRW 60,000,000 to the Defendant, and occupied the instant building, and completed the move-in report on May 31, 2016.

On July 13, 2016, D, with respect to the instant multi-family house, commenced the execution upon receipt of a decision to commence compulsory execution of real estate with the Changwon District Court G on July 13, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the plaintiff's transfer of the house and resident registration in the multi-family house in this case.

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