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(영문) 대구지방법원 김천지원 2018.10.16 2018가단32834
보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 75,00,000 and the interest rate of KRW 15% per annum from June 17, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. On February 11, 2016, the Plaintiff entered into a contract to establish a right to lease on a deposit basis with respect to KRW 75,00,000, and the term of existence from February 28, 2016 to February 27, 2018 with respect to the instant apartment among the apartment units located in the Gu-si, Si-si (hereinafter “instant apartment”), and completed the registration of the establishment of a right to lease on a deposit basis with respect to the instant apartment on February 12, 2016.

The deposit for lease on a deposit basis was replaced by the deposit money paid according to the contract to establish a lease on a deposit basis concluded with the husband of the plaintiff.

B. On August 2017, the Plaintiff notified the lessor of his/her intent not to extend the term of chonsegwon and requested the return of the deposit money.

C. On March 13, 2018, the Defendant completed the procedure for the registration of ownership transfer on the instant apartment due to the inheritance by consultation and division.

On June 1, 2018, the Plaintiff handed over the apartment of this case to the Defendant, and the documents necessary for the registration of cancellation of the right to lease on a deposit basis were left to the Plaintiff’s office, and notified the Defendant as the instant complaint.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including the serial number), the purport of the whole pleadings

2. According to the facts of the above recognition, since the contract period as above expires, the defendant shall return the deposit money to the plaintiff (it is reasonable to deem that the defendant succeeded to the rights and obligations under the contract for lease on a deposit basis in this case from C). Since the plaintiff delivered the apartment of this case to the defendant and provided all documents necessary for cancellation of the registration for lease on a deposit basis, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 15% per annum from June 17, 2018, the day following the delivery date of the copy of the complaint of this case, to the day of complete payment.

3. Conclusion, the plaintiff's claim of this case is accepted as reasonable.

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