(영문) 서울서부지방법원 2018.04.20 2017가단233880

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2018.04.20 2017가단233880

건물명도(인도)

Text

1. The part concerning the claim for cancellation of the lease registration in the lawsuit of this case shall be dismissed.

2. The defendant shall pay to the plaintiff KRW 1,066,249.

Reasons

1. Basic facts

A. On May 29, 2015, the Plaintiff, as the owner of the Eunpyeong-gu Seoul Building C on the ground, concluded a lease agreement (the instant lease agreement) with the Defendant on the lease deposit amounting to KRW 200 million and the period from June 30, 2015.

B. Around that time, the Defendant paid the security deposit to the Plaintiff and resided in the instant house, and demanded the Plaintiff to refund the security deposit for the director after the expiration of the lease period.

However, the Plaintiff was unable to refund the deposit by July 20, 2017, which is the date of the Defendant’s director. The Defendant, as the director on the above date, applied for the order of lease registration on July 26, 2017 and completed the lease registration on the instant house as the receipt date No. 45877, August 14, 2017, under the Seoul Western District Court Decision 2017Kao5035, which received the order of lease registration on July 26, 2017.

C. On August 14, 2017, the Plaintiff: (a) provided the Defendant with the instant deposit money; (b) deposited KRW 200 million as the deposited money on the ground that the Defendant did not receive the deposit money; and (c) deposited the Defendant with the deposited money.

(Seoul Western District Court 2017No. 3474). The defendant withdraws a lawsuit (Seoul Western District Court 2017No. 224626) to refund the deposit that was filed against the plaintiff on September 8, 2017 and completed the move-in report to the new domicile.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 7 through 9 (including paper numbers), the purport of the whole pleadings

2. The judgment of the court on the legitimacy of the claim for cancellation of the lease registration among the instant lawsuit is to examine the part concerning the claim for cancellation of the lease registration among the instant lawsuit, and the registration of the lease right shall be made to the competent registry by deeming that the application is reasonable by the court according to the lessee’s application for the lease registration which was not returned after the lease is terminated.

유사 판례

-인천지방법원 2017.10.12 2017가단1966

-서울북부지방법원 2021.04.30 2020가단15345

-창원지방법원밀양지원 2019.12.18 2019가단1697

-의정부지방법원고양지원 2019.08.01 2019가단4949

-광주지방법원 2015.01.20 2014가단55265