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(영문) 서울중앙지방법원 2019.02.21 2018가합552344
보증금반환
Text

1. The plaintiff's conjunctive claim against defendant C Co., Ltd. is dismissed.

2. Defendant B Co., Ltd.

Reasons

1. Determination as to the claim against the defendant B

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

B. Articles 208(3)2, 150(3), and 150(1) (i) of the Civil Procedure Act of the applicable provisions of Acts [Judgment by deeming that the Plaintiff is the Plaintiff, and Defendant B is the real estate indicated in the separate sheet (hereinafter “instant real estate”).

(2) The Plaintiff is also liable for delay in the performance of the obligation to deliver the instant real estate to Defendant B by the closing date of argument, and thus, it cannot be deemed that the Defendant B is liable for delay in the performance of the obligation to return the lease deposit with the simultaneous performance of the obligation to deliver the instant real estate, and thus, the interest rate prescribed in the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is not applicable to the recognition of delay in the performance of the obligation to pay the lease deposit after the date of delivery of the instant real estate, and the Plaintiff’s claim for delay in the performance of the obligation to return the lease deposit with the same obligation to deliver the instant real estate is without any delay in the performance of the obligation to transfer the instant real estate, and the Plaintiff’s claim for delay in the performance of the obligation to pay the lease deposit after the date of delivery of the instant real estate in the instant lease deposit shall not apply to the portion of the Plaintiff’s claim for delay in the performance of the obligation exceeding 5% per annum prescribed by the Civil Act.

2. Determination as to the claim against Defendant C Co., Ltd.

A. Judgment on the primary claim 1) Defendant C Co., Ltd. (hereinafter “Defendant C”)’s assertion is limited to the Plaintiff’s primary claim.

On November 5, 2014, Defendant B entrusted the instant real estate from Defendant B and completed the registration of ownership transfer based on the trust on the same day. The Plaintiff on April 15, 2015.

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