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(영문) 서울남부지방법원 2015.12.16 2014가단56076

임대차보증금

Text

1. The Defendant (Counterclaim Defendant) indicated the attached drawings from the Plaintiff (Counterclaim Defendant) on the ground floor of the Seoul Guro-gu Seoul F Ground Building.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. H, on May 4, 1998, who owned two-storys housing of the brick slves roof of Guro-gu Seoul Metropolitan Government G ground ground (hereinafter “instant housing”), died. The wife I and the Defendants, co-inheritors, made an agreement and division of inherited property with the content of the sole inheritance of the instant housing, and completed the registration of ownership transfer under Defendant B’s name on April 10, 200.

B. Defendant B, except for his stay in Korea from May 15, 2012 to April 17, 2013, left the Republic of Korea on June 4, 1985 and managed the instant housing as his mother, who had resided in the United States until he returned to Korea on May 4, 2013.

C. On May 21, 2010, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the I as an agent of Defendant B, with regard to the parts on board (hereinafter “the instant part”) connected with each point of Section 1, 2, 3, 4, 1, 1, and 3,000,000,000 for deposit money, 24 months for the lease term (from June 15, 2010 to June 14, 2010), and paid 2,00,000 won as down payment on the day, and 28,000,000 won for the remainder on June 15, 2010 to I. The Plaintiff received receipts prepared in the name of Defendant B as to the said 28,00,000 won.

The Plaintiff was a director of the instant housing portion on June 15, 2010, and filed a move-in report on the same day, and obtained a fixed date on June 16, 2010.

E. The I died on April 23, 2014, and the Defendants, their children, jointly inherited.

F. The instant lease agreement was explicitly renewed on June 14, 2012, but it was later terminated on June 14, 2014 by stating that the Plaintiff did not intend to renew to Defendant B.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 7 (including each number), Eul evidence No. 1, the witness J's testimony, and the purport of the whole pleadings.