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(영문) 의정부지방법원 2017.07.21 2016가단124467
보증금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Object of basic facts: The lease term of lease on the condition of 70 million square meters and monthly rent for Gu 101 Dong 202 (area 33 square meters): From September 13, 2013 to September 12, 2015 at the Government-si: The deposit amount of KRW 70 million and the period of lease: From September 13, 2013 to September 1

A. As of September 13, 2013, the following terms and conditions were concluded between the Plaintiff and C, D, E, and F (hereinafter “C, etc.”) (hereinafter “instant lease agreement”).

B. The Plaintiff, based on the instant lease agreement, obtained a fixed date at the competent resident service center on January 23, 2014.

(Indication of Building) The 2nd floor of 132.22 square meters (Indication of the electric part) of the 101-dong reinforced concrete structure among the 5-story multi-family housing of the 101-dong reinforced concrete structure, the 30.5 square meters of the 2nd floor, the 30.5 square meters of the 2nd floor of the 102nd unit

C. Thereafter, on March 13, 2014, C, etc. completed the registration of ownership transfer of the building indicated in the table (hereinafter “instant building”) under a joint name. The Defendant completed the registration of ownership transfer for the instant building on August 18, 2016 due to the sale on March 13, 2014.

On the other hand, on October 31, 2016, the Plaintiff completed the registration of housing lease in relation to the instant building with the following contents:

The lease date: The lease amount of KRW 28,700,000 on September 13, 2013: the resident registration date: the scope of lease on February 20, 2014: the starting date of the possession of the loan in this case: the fixed date on January 23, 2014: The fact that there is no dispute over January 23, 2014 [based], the entries in Gap evidence 3 and 4, and the purport of the whole pleadings.

2. The parties' assertion and judgment

A. The Plaintiff asserted that the Plaintiff entered into the instant lease contract with C, etc. while holding the claim for construction cost equivalent to KRW 28,700,000 for the instant building to C, etc., the owner of the instant building.

Since then, the plaintiff is a legitimate tenant of the building of this case, and both the requirements for counterclaim and the fixed date under the Housing Lease Protection Act have been met, and the lease contract of this case has expired.

Therefore, the building of this case is purchased from the former owner C, etc.

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