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(영문) 수원지방법원성남지원 2020.08.21 2019가단234364
임대차보증금
Text

The defendant's 26,00,000 won to the plaintiff A, 55,000,000 won to the plaintiff B, and 50,000,000 won to the plaintiff C and each of the above money.

Reasons

1. Facts of recognition;

A. On June 9, 2015, Plaintiff A entered into a contract with the Defendant to lease the instant building E (hereinafter referred to as the “instant building”) and F by the end of June 9, 2017, and the lease period. Plaintiff B entered into a contract to lease the instant building G with the Defendant on October 3, 2015, setting the lease period of KRW 55 million and the lease period of KRW 13, 2017, and Plaintiff C entered into a contract with the Defendant on October 18, 2014, setting the lease period of KRW 50 million and KRW 50 million until October 23, 2016 (two years later under the same condition).

B. On October 25, 2017, K acquired the ownership of the instant building at a successful bid on August 21, 2019, by requesting a voluntary auction on the instant building. The Suwon District Court rendered a voluntary decision to commence the auction, and K acquired the ownership of the instant building at the auction on August 21, 2019.

C. The Plaintiffs, who are the lessee with the opposing power, received a demand for distribution from the auction court at the auction procedure, but the Plaintiff A, only 14 million won.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 and 2 (including the serial number), the purport of the whole pleadings

2. The facts that the plaintiffs demanded all of the auction procedures regarding the building of this case are as seen earlier. Accordingly, the plaintiffs terminated each of the above lease agreements (Supreme Court Decision 94Da37646 delivered on July 12, 1996). Thus, the defendant, who is the lessor, is obligated to pay the plaintiff the deposit amount of KRW 26 million remaining to the plaintiff A (i.e., KRW 40 million - KRW 14 million), the deposit amount of KRW 55 million to the plaintiff, the deposit amount of KRW 50 million to the plaintiff, the deposit amount of KRW 50 million to the plaintiff C, and each of the above amounts, as the plaintiffs seek, from May 9, 2020 to August 21, 2020, the day following the delivery date of a copy of the application for change of the purport of the claim of this case and the grounds for the claim of this case, 5% per annum under the Civil Act from the day following the date of this decision until August 21, 2020.

3. Conclusion.

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