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(영문) 수원지방법원 2017.01.19 2016가단512824
보증금반환
Text

1. The Defendant’s KRW 60,000,000 as well as the Plaintiff’s annual rate of KRW 5% from January 1, 2015 to July 9, 2016, and the next day.

Reasons

1. Facts of recognition;

A. On July 5, 2013, the Defendant completed the registration of transfer of ownership with respect to the Seosung-si Factory D (hereinafter “instant commercial building”).

After that, the defendant completed the registration of ownership transfer for reasons of sale on April 8, 2015 to E on April 15, 2015.

B. On November 30, 2013, the Plaintiff: (a) leased the instant commercial building from F, referred to as the Defendant’s agent, KRW 50,00,00; (b) from December 1, 2013 to June 30, 2017, the lease term of KRW 1,500,000; and (c) specifically prescribed matters (Article 12 of the written contract). The Plaintiff determined that “In cases of moving the instant commercial building (total first floor) located in a foundation constructed after 1.0, the right of priority shall be guaranteed to the current lessee; and (d) the lessor shall bear the expenses incurred in the interior of the previous commercial building. On June 2, 2014, the date of the transfer shall be the end of all, and the expenses incurred in the interior shall be borne by the lessor.”

(hereinafter “instant lease agreement”). C.

The Plaintiff transferred KRW 30,00,000 on December 10, 2013 to the account under the name of the Defendant for the purpose of deposit and facility costs, etc., and operated the pharmacy in the name of “G pharmacy” in the instant commercial building after being transferred around that time.

On December 31, 2014, the Plaintiff moved to a new building near the instant commercial building and transferred the instant commercial building to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 8 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff entered into the instant lease agreement with F representing the Defendant and paid a lease deposit with the account under the name of the Defendant, the said lease agreement was terminated, the Defendant is specially stipulated in the terms of the lease deposit amount of KRW 50 million and the instant lease agreement.

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