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(영문) 서울고등법원 2017.04.28 2016나2062918

전세 보증금 반환 청구의 소

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1. The defendant's appeal is dismissed.

2. Of the appeal costs, the costs incurred by the principal lawsuit shall be the defendant, and the costs incurred by the participation.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is that “from October 15, 2015 to October 20, 2015,” which read “from October 15, 2012 to October 27, 2012,” which read “from October 15, 2012 to October 20, 2015,” and the part disputing the Defendant’s grounds for appeal is the same as the reasoning of the judgment of the court of first instance, except for the following addition or supplementary determination, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional or supplementary judgment

A. The summary of the grounds of appeal 1) The confirmation document of this case prepared under the name of the network A, stating that the right holder should not be held in relation to the lease of this case, provides that the truster shall bear the obligation to return the lease deposit to the lessee of the trust property and the trustee shall not bear it, that G’s vice president at the time submitted the confirmation document to the same effect, that G received the loan from the Intervenor joining the Defendant, and the refund of the network A’s lease deposit as part of the loan, and that G at the time there was a motive for the network A to prepare the confirmation document of this case, that it would have been partly received another person’s assistance because it is not good for the network A’s health, and that the Plaintiff’s seal was affixed. 2) Article 3-2(2) of the Special Agreement on Real Estate Security Trust between G and the Defendant provides that the truster shall also be held liable for the refund of the lease deposit to the lessee of the trust property, and that the contents of this special agreement can also be asserted against the third party.

Therefore, the defendant does not bear the obligation to return the lease deposit to the plaintiff.

B. The statement of the testimony of J by the witness of the first instance trial in determining the authenticity of the instant confirmation document and the statement of the O's confirmation document additionally submitted in the trial at the trial was prepared according to the intention of the deceased A; or