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(영문) 서울남부지방법원 2015.02.06 2014가단54629
임대차보증금
Text

1. The Defendant: (a) KRW 40 million and the Plaintiff’s 5% per annum from December 9, 2013 to December 15, 2014; and (b).

Reasons

1. Indication of claim;

A. On November 21, 2011, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 65 million for the second floor of the D Building No. 205-1 (hereinafter “instant real estate No. 1”) of Guro-gu Seoul and eight parcels of D, Guro-gu, Seoul, and the term of lease from December 9, 201 to December 8, 2013, and paid the above lease deposit to the Defendant.

B. On December 12, 2011, the Plaintiff entered into a mortgage agreement with the Defendant regarding the second floor No. 203 of the building D, Seoul, Guro-gu, and eight parcels of land owned by the Defendant, with the maximum debt amount of KRW 65 million, in order to secure the claim for the return of the lease deposit. The Plaintiff completed the registration of the establishment of a mortgage on the ground of this on December 13, 201.

C. Around 2013, the public auction procedure was initiated with respect to the instant real estate No. 1 and the instant real estate No. 2, and the Plaintiff was distributed KRW 25 million out of the lease deposit in the said public auction procedure.

The new owner who purchased the instant real estate No. 1 in the public auction procedure and paid the price thereof was handed over the instant real estate No. 1 from the Plaintiff around November 30, 2013.

E. Therefore, the Defendant is obligated to pay the Plaintiff the deposit for lease deposit amounting to KRW 40 million (=the deposit amounting to KRW 65 million - dividends amounting to KRW 25 million) and damages for delay from December 9, 2013 sought by the Plaintiff.

2. Judgment without any ground (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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