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(영문) 부산지방법원 2017.05.30 2017가단4719
편취금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 21, 2000, a lease contract was made between D and Defendant B on May 21, 200 with respect to the 11th floor of the building 11th floor in Busan-gu, Busan-gu, Busan-do (hereinafter “instant real estate”).

B. Meanwhile, F, the husband of D, was indicted by the Plaintiff and was convicted on November 3, 200 on the charge that he acquired a total of KRW 273,865,00 from the Plaintiff, and was sentenced to a judgment of conviction on November 3, 200. D, on November 1, 2000, intended to compensate the Plaintiff for the amount of money acquired jointly and severally with F with F. It transferred the instant real property owned by D to the Plaintiff, but cancelled the right to collateral security amount of KRW 15 million until January 20, 201, and around June 2001, the Defendant C (Defendant B), the lessee of the instant real property, who was the lessee of the instant real property, paid KRW 45 million as a joint and several surety.

C. On December 1, 200, the registration of ownership transfer was completed in the name of the Plaintiff with respect to the instant real estate, but the right to collateral security was not cancelled, and the Plaintiff paid KRW 45 million to the Defendant C on August 22, 2001.

In paying the deposit for lease on a deposit basis, the Plaintiff prepared a letter stating that if it is deemed that the deposit paid by the Plaintiff due to the factual issues between Defendant C and the Plaintiff and the Plaintiff D (including F) or between Defendant B (including Defendant C) is false, deceptive, or unjust, the Defendants would immediately receive the return of KRW 45 million on a conditional basis (hereinafter “each letter of this case”).

E. Meanwhile, on May 12, 1999, KRW 45 million for the instant real estate, and the duration of the right to lease on a deposit basis (hereinafter “right to lease on a deposit basis”) was cancelled on May 26, 200 when the registration of the establishment of the right to lease on a deposit basis (hereinafter “right to lease on a deposit basis”) was cancelled on May 1, 200. After the Plaintiff acquired ownership, the term of the right to lease on a deposit basis (hereinafter “right to lease on a deposit basis”) was expired on August 22, 2001; the term of the right to lease on a deposit basis (hereinafter “right to lease”), from August 21, 2001 to August 20, 200;

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