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(영문) 서울남부지방법원 2016.12.09 2016나1699

임차보증금반환

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 29, 201, Nonparty C and D’s lease agreement on housing under the name of the Defendant (1) (hereinafter “instant housing”) was concluded in the name of the Defendant, Gangseo-gu Seoul Metropolitan Government E-building 102 (hereinafter “instant housing”).

(2) On April 1, 2012, C and her mother, the Plaintiff’s father and the Defendant’s mother, drafted a loan agreement with the following terms: “D as the lessor and the lessee of D, KRW 60 million, monthly rent of KRW 800,000 (deposit into the national bank account in the name of D on May 8, 2012), and the lease term from May 8, 2012 to May 8, 2014 (hereinafter “the first agreement”).”

(3) On March 31, 2012, the day immediately before the date of the preparation of the instant first contract, KRW 6 million was deposited from the Plaintiff’s account under the name of the Plaintiff to the national bank account in the name of D. Since then, from the account in the name of C to the account in the name of D, KRW 20 million on April 22, 2012; and

5.9.3,637,000 won, and the same year;

6.1. A total of KRW 59,637,00,000, which deducted indoor construction costs, including KRW 30 million, was paid in full as lease deposit amounting to KRW 60 million.

B. From May 2012 to June, 2012, the preparation of a new lease agreement under the name of the Plaintiff and the Defendant (1) and C and D are identical to the instant first contract under the name of the Plaintiff, and D, with terms and conditions, such as the deposit, monthly rent, and lease period, using each of the names of the Defendant. However, only in the name of the lessor and the lessee, the real estate lease agreement (No. 2, hereinafter “the instant second contract”) in which only the lessor and the lessee respectively entered into “D” and “C” as “Plaintiff” was re-established.

(2) On June 12, 2012, the Plaintiff completed a move-in report to the location of the instant housing, and obtained a fixed date on June 25, 2012 from the second written contract of this case.

C. C Payment of money under the name of C/F from each account in the name of D to each account in the name of D (1) was not a move-in report on the instant housing, but the Plaintiff, N. F., and F., in the instant housing.