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(영문) 서울남부지방법원 2020.10.13 2019가단235744

손해배상(기)

Text

Plaintiff

A’s claim against Defendant H and the plaintiffs’ claim against Defendant I are dismissed, respectively.

The costs of lawsuit.

Reasons

1. Facts of recognition;

A. The relationship between the parties 1) The Plaintiff A is the deceased J (KN, hereinafter “the deceased”).

(2) From around July 2002, the Plaintiff A continued to reside in the L Apartment M in Gwangju City. < Amended by Act No. 6374, Jul. 30, 1969>

3) Around 1982, Defendant H knew of the Deceased, and lived with Defendant H from around 2014, around 2014, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) on September 12, 2017 with respect to Defendant H, the Deceased, and the sixth floor P building of Geumcheon-gu Seoul, with the lease deposit amount of KRW 70,00,000,000, and the lease period of KRW 24 months from October 19, 2017.

2) Around that time, the Deceased made an oral statement with Defendant H to the effect that he donated KRW 50 million out of the lease deposit of KRW 200 million to Defendant H upon the expiration of the lease deposit of KRW 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

4) On October 28, 2019, the Plaintiffs: (a) received the Seoul Southern District Court Decision 2019Kadan203695 (hereinafter “Seoul Southern District Court”); (b) Defendant I deposited the leased deposit amount of KRW 70 million under the instant lease agreement with Defendant I as Defendant H on January 20, 2020, with the Seoul Southern Southern District Court 201Kadan203695 (hereinafter “Seoul Southern District Court”); and (c) Defendant I deposited the leased deposit amount of KRW 282 under Articles 248(1) and 291 of the Civil Execution Act with the deposited person as Defendant H on January 20, 2020.

C. The Deceased’s death was the state of divorce against the Defendant H, and the Plaintiff was born on July 2017.