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(영문) 서울중앙지방법원 2016.02.18 2014나32891
예금반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On February 12, 2011, the Plaintiff entered into a contract with E (C’s mother) who represented C on the Seongbuk-gu Seoul Metropolitan Government D apartment 114 Dong 402 (hereinafter “instant apartment”) (hereinafter “instant apartment”) with the lease deposit amount of KRW 230 million, and the lease term of KRW 200 million from March 30, 201 to KRW 200,000,000,000, out of the lease deposit (hereinafter “instant lease contract”).

B. On February 15, 2011, the Plaintiff remitted the remainder down payment of KRW 21 million to C’s account (one bankF). On March 4, 2011, the former lessee’s order of lease registration was terminated on the instant apartment on March 4, 2011, and on March 13, 2011, the Plaintiff paid a balance of KRW 2.7 billion to the real estate broker, and then returned the remainder to the said account in the name of C, which was returned on March 17, 2011.

(hereinafter “the instant money”). C.

Since then, from May 19, 201 to May 26, 2011, the sum of KRW 50 million per day to one bank account (number I) in the name of the Defendant, one bank account (including KRW 285 million in this case) in the name of the Defendant (including KRW 27 million in total) was transferred from May 19, 201 to six days, and the sum of KRW 35 million per six days was transferred from May 23, 201 to the above one bank account in the name of the Defendant was KRW 23 million in total.

On the other hand, on September 5, 201, upon the application of G of the former lessee who did not receive the deposit for lease from C, a compulsory auction was commenced for the instant apartment on September 5, 201, and the Plaintiff filed a lawsuit against C, E, etc. for damages at the Seoul Central District Court 201Gahap41996 at the end of the instant period of lease during the process of the auction.

E. In the above auction procedure, the Plaintiff received only KRW 30,043,413 out of the lease deposit in the last order following G and senior mortgagee on April 25, 2013. On June 13, 2013, C and E jointly with E in a lawsuit for damages.

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