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(영문) 광주지방법원 2016.12.27 2016가단17908
임대차보증금반환 등
Text

1. Defendant B shall deliver to Defendant C a building indicating the indication of the attached real estate.

2. Defendant C is from Defendant B.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1, 3, and 4, evidence 1, 2, Eul evidence 2, and Eul evidence 1-1 and 2.

D On June 27, 2013, the registration of ownership transfer is completed with respect to the building indicated in the attached property indication (hereinafter “instant building”).

B. Around August 28, 2013, Defendant B entered into a lease agreement with each of the following terms: (a) the lease deposit amount of KRW 30,000,000 for the instant building and the instant building; and (b) the lease period of KRW 24 months from August 28, 2013.

C. Defendant B paid the above lease deposit to D around that time, and resided in the building of this case.

On October 24, 2013, the Plaintiff, Defendant B, and D agreed to change the name of the lessee of the above lease to the Plaintiff. The Plaintiff completed the move-in report as the location of the instant building at that time.

E. As to the instant building, on July 2, 2015, E completed the registration of ownership transfer, Defendant C completed the registration of ownership transfer on October 14 of the same year.

Defendant C succeeded to the status of the lessor under the above lease agreement.

2. Determination

A. According to the above facts, the lessee of the above lease contract on the building of this case is the Plaintiff. Since the above lease contract between the Plaintiff and the Defendant was explicitly renewed and the termination of the lease contract was terminated on September 1, 2016, which was later than 3 months from June 1, 2016, which was served on the Plaintiff as the lessee, and the copy of the complaint of this case, which was served on the Defendant C, was terminated on September 1, 2016, Defendant B, who occupied the building of this case, is obligated to deliver the building of this case to the Defendant C, the lessor, and the Defendant C, at the same time, is obliged to return the above lease deposit to the Plaintiff, barring any special circumstances.

B. As to this, Defendant C shall register the ownership of the instant building on September 12, 2016 by F.

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