(영문) 서울남부지방법원 2016.03.25 2015가단23523

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(영문) 서울남부지방법원 2016.03.25 2015가단23523

보증금반환

Text

1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 49,00,000 to the plaintiff.

Reasons

1. Basic facts

A. On July 1, 2004, the Plaintiff entered into a lease agreement with C around 1, 2004, setting the lease deposit amount of 57 million won and the period from July 30, 2004 to 15 months with respect to the same apartment 102 as the real estate indicated in the attached list (hereinafter “instant real estate”), which was owned by C’s agent D and C, and completed the move-in report at the address of the instant real estate on August 30, 2004.

B. C sold the instant real estate to E on October 28, 2005, and on March 22, 2006, the Plaintiff entered into a lease agreement with E’s agent F to set the lease deposit amount by March 22, 2009, and the period of lease by March 22, 2009. Meanwhile, as the owner of the said 102 changed from C to G on November 23, 2005, G also signed the said lease agreement as the lessor of the said 102.

C. The Defendant purchased the instant real estate from E on October 29, 2008, and completed the registration of ownership transfer in the future of the Defendant regarding the instant real estate on the same day.

The plaintiff was paid eight million won in the discretionary auction procedure (Seoul Southern District Court H) with respect to the above 102.

E. On March 30, 2015, the Plaintiff notified the Defendant of the termination of the lease agreement.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 2 and 3 (including each number), the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff asserts that the plaintiff paid all the lease deposit amount of KRW 57 million at the time when he entered into a lease agreement on July 1, 2004, and the defendant asserted that the plaintiff did not pay the lease deposit.

Therefore, regarding whether to pay the lease deposit, which is the issue of the instant case, the Plaintiff was unable to submit receipts or financial data. However, the evidence adopted earlier and the statements in Gap's 6 through 9 are written.

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