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(영문) 서울북부지방법원 2019.07.17 2019가합21112
임대차보증금
Text

1. The Defendants’ respective Plaintiff KRW 301,396,750 and Defendant B with respect thereto from February 14, 2019 to March 6, 2019.

Reasons

1. Determination as to Defendant C

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment on deemed confession based on recognition (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Determination as to Defendant B

A. On December 4, 2010, the Plaintiff, a husband and wife, and Seongdong-gu Seoul Metropolitan Government D Apartment E (hereinafter “instant apartment”) (hereinafter “instant apartment”).

(30 million won and the term of lease from January 7, 201 to January 6, 2013 (hereinafter “instant lease agreement”) are the lease agreement under which the lease deposit is KRW 300 million and the term of lease is from January 7, 2011.

(2) On December 4, 2010, the Plaintiff paid the Defendants a deposit of KRW 30 million,00,000,000,000,000 from the remainder on January 7, 201. On January 7, 2011, the Plaintiff filed a move-in report on the instant apartment and obtained the fixed date on the instant lease agreement.

3) On January 6, 2015, the Plaintiff and the Defendants have expressed their intent not to extend the instant lease agreement on the grounds that the term of lease was extended until January 6, 2015, until January 6, 2017, and the term of the lease on December 30, 2015, respectively, until January 6, 2017, and January 10, 2017. (iv) The Plaintiff expressed their intent not to extend the instant lease agreement on the grounds that it is impossible to pay a monthly rent increased to the Defendants on November 7, 2018.

5) However, around December 2018, the Defendants, however, cannot pay KRW 300 million to the Plaintiff not later than the expiration date of the lease contract, upon cancelling the lease contract concluded with the other lessee for the instant apartment due to the issue of divorce by the Defendant. As such, the Defendants first notified the Plaintiff that the instant apartment was subject to the order of lease registration and the Plaintiff was appointed to another place. (6) On January 10, 2019, the Plaintiff received the order of lease registration for the instant apartment from the Seoul East Eastern District Court on the instant apartment from the Seoul East East District Court, and the Seoul East East East District Court 2019Ka505.

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