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(영문) 서울고등법원 2015.11.20 2015나2029624

임대차보증금

Text

1. Of the judgment of the court of first instance, the part against Defendant B, which corresponds to the money order for payment below.

Reasons

1. Basic facts

A. On March 6, 2009, the Plaintiff, a Korean national residing in the U.S., entered into a lease agreement with the F (E’s mother) with respect to the Yongsan-gu Seoul Metropolitan Government G and Hho (hereinafter “instant apartment”) owned by E with the term of lease from March 23, 2009 to March 22, 201, setting the lease deposit amount as KRW 600 million. Around that time, the Plaintiff, a Korean national of the U.S. nationality, took possession of the instant apartment upon delivery while paying the lease deposit to F, and reported the instant apartment to the domestic residence on March 10, 2009.

B. On December 2, 2010, after the death of October 11, 2009, the Plaintiff: (a) extended the lease term to April 27, 2013, and extended the lease deposit to KRW 700 million; (b) renewed the lease contract (hereinafter collectively referred to as the “instant lease contract”); and (c) paid KRW 100 million increased to F around that time.

C. On March 29, 2013, Defendant D and F prepared a performance note (hereinafter “instant performance note”) containing the contents of Defendant D’s entire acceptance of the instant apartment related debt, such as the obligation to return the lease deposit, etc., to the Plaintiff regarding the instant apartment, and the registration of transfer of ownership in Defendant D’s name was completed on April 10, 2013 regarding the instant apartment on March 7, 2013.

The Plaintiff expressed his intent not to renew the instant lease agreement to the Defendants one month prior to the expiration of the instant lease agreement.

【Fact-finding without a dispute over the basis of recognition】 Each entry in Gap evidence 1 through 4, evidence 7, evidence 19 through 23, evidence 1 Eul evidence 1 (if the provisional number is not specified, including each number; hereinafter the same shall apply), and the purport of the whole pleadings

2. The plaintiff's assertion

A. According to the Act on the Immigration and Legal Status of Overseas Koreans (hereinafter “overseas Koreans Act”) and the Immigration Control Act, a foreign nationality Korean is a foreign nationality Korean.