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(영문) 수원지방법원 2014.12.18 2013나48873
전세금반환
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. Gwangju-gun N (the administrative district was changed to Gwangju-si N on March 21, 2001, and the "Maju-siO" on June 21, 2004) land and D were owned by E. The two houses with the second floor of lux roof (1st floor, 98.58 square meters, 2nd floor, 6.15 square meters; hereinafter "the instant housing") were newly constructed on December 19, 200, and the registration of ownership preservation was completed in the future on December 19, 200, and thereafter, E completed the registration of ownership transfer on the instant land and each of the instant housing on September 9, 2002 to F, who was ASEAN on September 10, 202.

B. The Plaintiff was the husband of G (name P before the opening of the name) who is a father of E and F, and resided on the second floor of the instant housing since the time of the new construction of the instant housing.

On November 10, 200, the Plaintiff made a moving-in report to the location of the instant housing (at the time, the number was Q Q, but it was corrected to C on February 18, 2004), but transferred on January 9, 2006 to another address, and again made a moving-in report to the location of the instant housing on January 16, 2008.

C. As of February 19, 2012, the Plaintiff prepared a lease contract with F on the second floor of this case (hereinafter “instant lease contract”) with a deposit of KRW 30,00,000, and with a term of February 20, 2012 from February 20, 2012, the Plaintiff entered into the said lease contract (hereinafter “instant lease contract”). The said lease contract entered into force only as the original contract, and the deposit money of KRW 30,000,000,000 was received by the lessor at the time of new construction of the building, and until now, the lessor and the lessee agreed on the lease contract on this day, and the said contract was prepared under the agreement between the lessor and the lessee.”

F on March 2, 2012, the F completed the registration of ownership transfer on the grounds of the sale on February 15, 2012 with respect to each of the above land and the instant housing to the Defendant, one’s mother.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 8, 11 (including each number, hereinafter the same shall apply), Eul evidence No. 2, and the purport of the whole pleadings

2. The assertion.

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