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Reasons
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(영문) 서울북부지방법원 2017.09.20 2017나31928
임대보증금반환
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On July 4, 2007, the Plaintiff leased D Apartment 104 Dong 105 (hereinafter “instant apartment”) from C, and paid KRW 90,000,000 to C around July 26, 2007.

B. On December 8, 2010, C completed the registration of ownership transfer on the ground of the sales contract dated November 25, 2010 with respect to the instant apartment (hereinafter “instant sales contract”) to the Defendant, a mother, for the head of the Defendant.

On July 31, 2011, the Plaintiff entered into a re-contract with the Defendant with a deposit of KRW 110,000,000, and paid KRW 20,000,00 in increased deposit to the Defendant.

C. On July 24, 2013, the Korea Credit Guarantee Fund, the creditor of C, asserted that the instant sales contract was a fraudulent act, filed by the Seoul Central District Court No. 2013Da5012757 against the Defendant, etc. to seek revocation of the instant sales contract and reinstatement thereof, and was sentenced to a favorable judgment to the effect that the Defendant revoked the instant sales contract from the above court and complied with C’s procedure for cancellation of the ownership transfer registration.

The Credit Guarantee Fund filed an application for a compulsory auction (E) with the Seoul Northern District Court on the apartment of this case for which the registered name has been returned to C by the above judgment, and the decision to commence the auction was made on November 11, 2013.

In the above auction procedure, the Plaintiff demanded the distribution of the amount of KRW 110,00,000 for the claim for the refund of the lease deposit, and the executing court distributed the amount of KRW 90,000,000 to the Plaintiff in the second order after the Han Bank Co., Ltd. (Distribution: KRW 10,805,750) with the order of August 7, 2014. The Plaintiff distributed the amount corresponding to C’s tax and other related amounts to C’s tax and other related claims to C, and distributed the remainder of the lease deposit return claim ( KRW 20,00,000) and the claims of the Credit Guarantee Fund in the second order.

The amount received by the Plaintiff in the fifth order is KRW 4,739,02.

[Ground of recognition] There is no dispute.

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