logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2017.01.12 2016가합103595
보증금반환
Text

1. The Defendant: (a) KRW 228,00,000 for the Plaintiff and 5% per annum from September 27, 2016 to September 28, 2016; and (b) the Plaintiff.

Reasons

1. Basic facts

A. 1) On November 10, 2004, the Plaintiff entered into a lease agreement with C on November 10, 2004, real estate listed in the separate sheet owned by C (hereinafter “instant apartment”).

) The lease deposit amount of KRW 228 million, the lease term of KRW 24 million, and the lease contract was concluded from January 10, 2005 to December 24, 2004, and the moving-in report was completed on December 24, 2004 with respect to the apartment of this case, and thereafter, the apartment of this case was resided in the apartment of this case (at the time of the apartment of this case, each of the collective security rights in the name of the Korea Cmat Bank and D was established, but thereafter, each of the said collective security rights was cancelled on the same day as the collective security rights was established in the name of Han Bank, and thus, the limited real right was

(2) On March 29, 2005, the Plaintiff transferred the instant apartment on April 25, 2005, and on April 25, 2005, the lease deposit for the instant apartment between C and C was the same as that of the previous apartment, entered into a re-lease of the lease agreement with the period of lease from April 25, 2005 to 24 months, and on April 30, 2005, the Plaintiff obtained a fixed date date in the lease agreement (Evidence A No. 4) and filed a re-transfer report for the instant apartment on the same day.

3) The Plaintiff re-transfered the instant apartment on August 17, 2006, and again made a move-in report on September 4, 2006. (B) The Plaintiff: (a) obtained a loan from Han Bank Co., Ltd. (hereinafter “I Bank”); and (b) obtained a free residential confirmation (Evidence No. 4) as to the instant apartment from Han Bank; and (c) confirmed that “I Bank does not have any leased any secured object provided by the principal and the security offerer because I would have received a loan from He/she and do not have any scheduled lease in the future,” along with a written confirmation (Evidence No. 3) to the effect that “I Bank is confirmed that I would have not leased any secured object provided by him/herself and the security offerer, and that there is no scheduled lease in the future.” (Evidence No. 3) on April 10, 2012, but to the Bank, the maximum amount of debt is 2,255,500,000 the instant apartment real estate as joint collateral.

arrow