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(영문) 수원지방법원성남지원 2015.05.01 2014가단33191
임대차보증금
Text

1. The defendant shall pay to the plaintiff KRW 46,400,000 as well as KRW 38,00,000 among them, from September 30, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. On February 21, 2004, the network C leased the security deposit deposit amount of KRW 38 million and the period from February 28, 2004 to KRW 12 months from Jeju-si, Seopo-si 101 Dong 202 (hereinafter “the instant loan”). On February 28, 2004, the lease deposit amount of KRW 3 million and the deposit amount of KRW 3 million from the E’s passbook, which is an infant of the network C, was deposited as the broker’s passbook. On February 20, 2004, the Defendant was paid KRW 35 million in cash and the Defendant was paid KRW 38 million on February 28, 2004.

B. The deceased C completed the move-in report on March 5, 2004, and on March 8, 2004, it obtained a fixed date in the instant lease agreement, and transferred the instant loan on September 22, 2004.

C. The deceased C died on February 2006, and the heir was the wife, the Plaintiff, E, and H, and the rest of the heir, other than the Plaintiff, drafted a letter of intent to waive inheritance shares on March 6, 2015.

On the other hand, on June 7, 1996, the ownership transfer registration was completed under the name of the defendant on June 7, 1996, and on May 18, 2004, I, the tenant prior to the network C, completed the provisional attachment registration with the decision of provisional attachment of KRW 10,000,000,000 in the Seopo District Court, Seopo-si, Jeju District Court (2004Kadan587 on May 18, 2004) and thereafter I was decided to commence the compulsory auction against the loan of this case on October 19, 204, and withdrawn the decision of compulsory auction.

On November 25, 2004 regarding the loan of this case, the provisional registration of the right to claim the transfer of ownership under J's name was completed, and on May 21, 2005, the transfer of ownership was completed to J.

E. The Defendant filed an individual rehabilitation decision with the Changwon District Court 2013 Session 46328 and obtained authorization on July 14, 2014. The foregoing individual rehabilitation claim does not state the lease deposit of this case.

[Reasons for Recognition] A’s assertion to the effect that the Defendant denies the authenticity of the evidence Nos. 1 through 6, each entry of evidence Nos. 1 through 1, 5, and 6, and the purport of the whole pleadings, but the Defendant’s assertion to the effect that it denies the authenticity of evidence No. 1

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