logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.02.02 2015가단20336
임대차보증금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. (1) On May 8, 2001, the Plaintiff’s husband D acquired the real estate indicated in the separate sheet (hereinafter “instant real estate”) on May 8, 2001, but transferred the ownership to Defendant C on March 6, 2007.

On the other hand, D entered into a lease contract with Defendant C on October 17, 2007 by setting the lease deposit of KRW 15 million, monthly rent of KRW 900,000, and the lease term of March 4, 2009.

(2) From March 27, 2008, D did not pay monthly arrears. Accordingly, on August 5, 2009, Defendant C filed a lawsuit demanding the delivery of the instant real estate from the Seoul Northern District Court (2009Da39384) on September 25, 2009 on the premise that the said lease was terminated.

In addition, the above judgment was finalized on October 16, 2009.

However, the defendant C did not execute delivery by the above judgment on the condition that D does not delay the rent.

B. The Plaintiff’s lease relationship, etc. (1) on November 10, 201, Defendant C created each right to collateral security of KRW 1888,400,000 with respect to the Nonghyup Bank, and KRW 26 million with respect to the Incheon Savings Bank. On November 25, 2013, the Plaintiff drafted a lease agreement with Defendant C as of November 25, 201 with respect to the instant real estate by the lease deposit of KRW 30,000,000,000 for monthly rent, KRW 950,000 for monthly rent, and the lease period of November 25, 2015.

(hereinafter “No. 2 Lease Contract”). The Plaintiff filed a move-in report on the instant real estate on February 28, 2013, and obtained a fixed date on November 29, 2013.

(2) Defendant C keeps two originals of the second lease contract (including the lease contract on which a fixed date affixed).

(3) The Nonghyup Bank applied for a voluntary auction on the instant real estate and received a decision to commence auction from the Seoul Northern District Court (E) on April 4, 2014, and the Plaintiff filed a report on the right on September 29, 2014, the period of demand for distribution by June 16, 2014.

arrow