임대차보증금
1. The plaintiffs' claims against the defendant are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. On September 24, 2008, the Plaintiff’s assertionF concluded the instant lease agreement with the Defendant and the Pakistan-si G Apartment 107 Dong 302 (hereinafter “instant real estate”). The lease deposit amount of KRW 100 million, the lease term of KRW 700,000 for two years from November 7, 2008, and the monthly rent of KRW 700,000 (hereinafter “instant lease”).
A) However, F concluded the instant lease agreement with the Defendant’s agent at the time the lessee was unable to move-in to the instant real estate at the time of the conclusion of the lease agreement. On the other hand, the instant lease agreement was explicitly renewed on November 7, 2010 due to the lack of any special declaration of intention on the termination of the lease between the Defendant and the deceased, and the termination of the lease agreement was terminated on October 25, 2016 at the end of November of the same year after one month from the date of the termination. Accordingly, the Defendant is obligated to refund the instant lease deposit to F, and the Defendant died on April 14, 2017, the Defendant is obligated to pay the Plaintiff A (CF’s wife), the heir of the deceased F, the Plaintiff’s heir, KRW 42,857,142 billion x KRW 137,75,720,000 x less than KRW 1375,720,000 x 175,720,00.
2. The key issue is that the lessee of the instant lease agreement is the deceased F, and the Defendant and the Defendant Intervenor asserted that the instant lease agreement is the lessee’s assistant intervenor, thus, who is either the lessee of the instant lease agreement or the lessee of the instant lease agreement is the key issue.
The question of who is the party to the contract is the interpretation of the intention of the party involved in the contract.
The interpretation of declaration of intention clearly establishes the objective meaning that the parties have given to the act of indication.
The contents of any contract between the parties shall be written in writing as a disposal document.