(영문) 수원지방법원평택지원 2015.06.18 2014가단47509

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(영문) 수원지방법원평택지원 2015.06.18 2014가단47509

전세금반환 등

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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. From August 24, 2013 to January 6, 2015, KRW 30,000 and its related thereto.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion (1) on October 1, 2012, the Plaintiff paid KRW 30,000,000 to the Defendant for the lease deposit for Pyeongtaek-si’s land (hereinafter “instant housing”) and resided in the said housing. Since the lease contract was terminated and the said housing was delivered on August 23, 2013, the Plaintiff demanded the Defendant to return KRW 30,000,000 to the Defendant.

(2) Attached Form owned by the Plaintiff

1. Inasmuch as the Defendant without title occupies the indicated vehicle (hereinafter “instant vehicle”), the Defendant seeks to deliver the vehicle.

(3) Attached Form owned by the Plaintiff

2. Since the defendant without title occupies the household effects entered therein, he/she seeks to deliver them.

B. Around September 2009, the Defendant alleged that the Plaintiff had agreed to pay KRW 2,00,000 per month to the Defendant. The Plaintiff paid KRW 2,00,000,000 to the Defendant on January 5, 2012 and February 29, 2012, respectively. As such, the Plaintiff claimed that the Plaintiff paid KRW 4,00,000,000 for the rent equivalent to KRW 96,00,00 for the 48-month period from September 200 to August 2013 after deducting the Defendant’s paid KRW 4,00,000 for the remainder after deducting the Defendant’s paid KRW 92,00,00 for the 48-month period from September 2002 to August 2013.

2. Determination

A. In full view of the fact that there is no dispute over the judgment on the claim of the principal lawsuit (1) and the purport of the entire pleadings in Gap evidence Nos. 2, 3, 4, 6, and 13 (including each number), the Plaintiff paid KRW 30,00,000 to the Defendant on October 1, 2012 regarding the residence of the instant house owned by the Defendant, and upon the Defendant’s demand for the eviction, the Plaintiff transferred the instant house to the Defendant on August 23, 2013 and moved to the director.

According to this, the lease contract between the plaintiff and the defendant for the housing of this case was terminated.

As such, the defendant shall return the lease deposit to the plaintiff the above KRW 30,000,00 and the delivery date of the house in this case.

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