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(영문) 서울중앙지방법원 2015.07.23 2013가단297027
전세금반환
Text

1. Defendant B’s KRW 83,355,349 for the Plaintiff and the following: 5% per annum from December 9, 2010 to June 6, 2014.

Reasons

1. Basic facts

A. On February 26, 2007, the registration of ownership transfer was completed in the name of Defendant B with respect to the E Apartment 910 Dong 401 (hereinafter “instant real estate”).

B. On April 1, 2007 between the Plaintiff and Defendant B, a lease agreement was made between the lessor and Defendant B on April 1, 2007 between the lessor and the lessee, the Plaintiff, the lease deposit amount of KRW 110,000,000, and the lease period of April 20, 2007.

(hereinafter, the above contract is referred to as the “instant lease contract”).

C. The Plaintiff, by means of remitting the deposit to Defendant B’s account, paid the entire deposit and moved in by April 20, 2007. On April 25, 2007, the Plaintiff completed the registration of establishment of chonsegwon on the instant real estate.

Even after the expiration of the lease term, Defendant B continued to reside in the instant real estate due to the default of national taxes, etc., and the sale price was sold to 265 million won (the Plaintiff received transfer of ownership by winning a successful bid), but the sales price was preferentially distributed to tax offices, senior mortgagees, etc., and the Plaintiff was apportioned only KRW 26,644,651 out of the lease deposit on December 8, 2010.

[Grounds for recognition] Evidence Nos. 1 through 3, 6, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of claim against Defendant B, since the instant lease contract was terminated by the sale by public auction and the change of owner, Defendant B, as the lessor of the instant real estate, is obligated to pay the Plaintiff the unpaid lease deposit (=10,000,000-26,64,651) and damages for delay.

B. The Defendants asserted against Defendant C and D, who purchased the instant real estate by collecting money with Defendant B, jointly bear the purchase price, such as interest on loans and other loans with respect to the secured debt established on the instant real estate, and distribute the lease deposit received from the Plaintiff.

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