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(영문) 대구지방법원김천지원 2020.04.09 2019가단4065
임차보증금반환
Text

1. The Defendant’s successor will pay KRW 69,000,000 to the Plaintiff.

2. The plaintiff's claim against the defendant.

Reasons

1. Facts recognized;

A. On June 10, 2011, Nonparty E entered into an obligatory lease contract and completed the registration of establishment of chonsegwon (hereinafter “instant apartment”) on June 10, 201, the real estate indicated in the separate sheet (F G apartment H-dong I, hereinafter “instant apartment”).

(2) On May 29, 2015, the Plaintiff concluded a lease contract with respect to E and the instant apartment as the deposit money for lease on a deposit basis, the term of two years (from June 23, 2015 to June 22, 2017). On August 7, 2015, the Plaintiff completed the registration of creation of a lease on a deposit basis.

3) On May 29, 2017, the Plaintiff and E indicated the same text as “the deposit amount of KRW 70 million” in the Jeonsese Agreement (Evidence A), which was submitted by the Plaintiff on May 29, 2017. However, the parties to the said Jeonsese Agreement agreed to search and correct the amount of KRW 69 million, and then affixed the Plaintiff’s seal thereon. The Plaintiff’s seal was affixed to a modified agreement with the effect that the duration of the lease shall be extended by two years until June 22, 2019 (hereinafter “the instant lease agreement”).

(2) The Plaintiff concluded a move-in report on August 30, 2010, where the Plaintiff received a refund of the difference of the key money reduced from E, and completed the registration of change of the right to lease on a deposit basis, which reduces the key money to KRW 70 million on May 29, 2017. (4) Meanwhile, the Plaintiff’s spouse’s spouse completed the move-in report on August 30, 2010, where the instant apartment was a resident registration address, and the Plaintiff completed the move-in report on December 7, 2012.

Even until now, the plaintiff and J have occupied the apartment of this case and maintained their resident registration.

B. The owner of the instant apartment changed in the ownership relationship with the instant apartment was changed in the order of K in E (the ownership transfer registration on August 14, 2018), L (the ownership transfer registration on January 8, 2019), Defendant (the ownership transfer registration on February 14, 2019), and Defendant’s successor (the ownership transfer registration on October 30, 2019).

C. The background leading up to the instant lawsuit and thereafter.

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