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(영문) 대구지방법원김천지원 2015.06.05 2015가단1273
임차보증금반환
Text

1. Defendant C’s 65,00,000 won and the interest rate of 20% per annum from April 23, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 12, 2013, the Plaintiff entered into a lease agreement with Defendant B on the deposit amounting to KRW 65,000,000, and the lease term of January 29, 2014 (hereinafter “the lease agreement of this case”) with respect to D apartment 104, Dong-si (hereinafter “instant apartment”) owned by Dong-si (hereinafter “instant apartment”).

B. On January 29, 2014, the Plaintiff paid KRW 65,000,000 to Defendant B, and occupied and used the instant apartment after delivery. On February 4, 2014, the Plaintiff filed a move-in report for resident registration as the instant apartment on the same day, and received the fixed date under the instant lease agreement.

C. On January 29, 2014, Defendant B completed the registration of cancellation of the registration of the establishment of a neighboring mortgage (the maximum bond amount of KRW 32,400,000) in the name of our bank on the instant apartment. On August 5, 2014, Defendant C concluded a sales contract to sell the instant apartment to Defendant C for KRW 76,00,000, and completed the registration of ownership transfer in Defendant C on the same day.

On August 20, 2014, Defendant C completed the registration of creation of a mortgage (the maximum amount of claims KRW 60,000,000, the debtor Taesan Trade Co., Ltd.; hereinafter “instant collateral security”) on the instant apartment on August 20, 2014.

E. On September 25, 2014, Ecora filed an application for voluntary auction on the instant apartment on September 25, 2014 (Seoul District Court Kimcheon-Support E, hereinafter “instant voluntary auction”). A decision to commence voluntary auction was rendered on October 30 of the same month, and the Plaintiff submitted a report on the right and a request for distribution to an auction court on October 16, 2014. The said Ecora filed a request for auction on January 22, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff alleged by the parties 1 is aware that the apartment house of this case was transferred to the defendant C, and immediately terminate the lease contract of this case to the defendant B, the lessor.

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