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(영문) 부산지방법원서부지원 2020.11.19 2020가단103137
전세금반환
Text

The defendant shall deliver real estate stated in the attached list from the plaintiff and the Suwon District Court as to the above real estate.

Reasons

Basic Facts

On April 7, 2018, the Plaintiff entered into a lease agreement between D and attached list (hereinafter referred to as “instant real estate”) with respect to the period from April 30, 2018 to April 29, 2019, and the lease agreement between D and the Plaintiff on a deposit basis for lease on a deposit basis (hereinafter referred to as “instant real estate”).

(B) On April 30, 2018, the Plaintiff paid KRW 75 million to D for lease on a deposit basis, and received the instant real estate from D on April 30, 2018, and on the same day, on April 30, 2018, registered the establishment of chonsegwon as the Receipt Office of Suwon District Court No. 85628 on April 30, 2018.

(B) The Defendant purchased the instant real estate from D on February 13, 2019 and completed the registration of ownership transfer on February 19, 2019, and succeeded to the instant lease contract.

The Plaintiff and the Defendant agreed to extend the term of the instant lease agreement by November 5, 2019.

원고는 2019. 9. 9. 피고에게 ‘계약서대로 11. 5. 방 뺍니다’라는 문자메시지를 보냈고, 2019. 10. 6. 및 10. 7. '2019. 11. 5. 계약서대로 이사합니다.

11.5. Requests the return of the deposit for lease on a deposit basis by no later than 5.

‘The text message sent'.

After November 5, 2019, the Plaintiff sent content-certified mail to the Defendant that requested the Defendant to return the deposit money of KRW 75 million by December 10, 2019, and sent content-certified mail to the same effect even on November 20 and November 28, 2019.

[Grounds for recognition] Fact-finding, Gap evidence Nos. 1 and 5, and the fact-finding of the judgment as to the grounds for a claim based on the overall purport of the pleadings, the judgment of the court below as to the grounds for a claim based on the whole purport of the pleadings, has expired on November 5, 2019. Thus, barring any special circumstance, the defendant shall pay the plaintiff a deposit amount of KRW 75 million.

The term of the lease contract of this case is expired when the defendant's assertion regarding the defendant's assertion is asserted.

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