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(영문) 전주지방법원군산지원 2019.10.17 2018가단57320
임대차보증금
Text

1. As to KRW 20,91,780 and KRW 20,000 among the Plaintiff, Defendant A shall be from November 21, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is the implementer of a business supporting rental housing (hereinafter “instant business”) through a lease contract (lease contract) to the occupants selected by the local government, who are eligible for support after receiving a lease loan fund from the government for the stabilization of the housing of vulnerable social groups, such as juvenile boys and girls’ families and basic living recipients, and the Plaintiff is the owner of the instant housing (hereinafter “instant housing”). Defendant A is the owner of the instant housing (hereinafter “instant housing”), and Defendant B is the former owner of the instant housing that sold the instant housing to Defendant A.

B. On July 4, 2012, the Plaintiff, as a part of the instant project, entered into a lease agreement with Nonparty D, who was the owner at the time of the instant housing, to KRW 40 million for lease on a deposit basis, and from July 16, 2012 to July 15, 2014 for the lease period, the lessor, D, the Plaintiff, and the occupant E (hereinafter “the lease agreement of this case”).

C. On July 4, 2012, the day on which the instant lease agreement was concluded, the Plaintiff entered into a lease housing support agreement with the foregoing E, separately from the foregoing lease agreement, setting the lease term from July 16, 2012 to July 15, 2014 regarding the instant housing, and paid 40 million won to D the deposit money.

E, July 4, 2012, after filing a move-in report with the instant house, the E was a director of the said house on July 16, 2012.

E. Defendant B purchased the instant house from D on February 27, 2015 and thereafter purchased the instant house from D on the same year.

3.2. Completion of the registration of ownership transfer; Defendant A purchased the above house from Defendant B on August 25, 2016; and the same year.

9. 27. Completion of the registration of ownership transfer.

F. On May 21, 2018, E retired from the instant house, and delivered the said house to A on May 23, 2018, and at the time of the closing of argument in the instant case, the instant lease contract was terminated.

G. On June 20, 2019, the Plaintiff received KRW 20 million from Defendant B as part of the deposit amount under the instant lease agreement.

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