임대차보증금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On November 10, 2006, the Plaintiff asserted that the Plaintiff entered into a lease agreement with the deceased C on the lease term of five years and five million won for the lease deposit (hereinafter “instant lease agreement”) with respect to the second floor of D-ground building 166.14 square meters in Chungcheongnam-si, Chungcheongnam-si, and paid all the deposit money.
The net C agreed to set up a first right to lease on a deposit basis after cancelling the first right to lease on a deposit basis with the Plaintiff, but is delayed.
Rather, on February 27, 2007, E (the Defendant’s wife and the deceased C’s wife) created a collateral of KRW 200 million with the maximum debt amount and violated the said agreement.
Accordingly, the Plaintiff terminated the instant lease agreement and delivered the instant building.
The deceased C died on December 4, 2010 while delaying the return of the lease deposit amount of KRW 50 million, and the Defendant, the co-inheritors of the deceased C, succeeded to the obligations of the deceased C.
2. Comprehensively considering all the evidence submitted by the Plaintiff, it is insufficient to view that the Plaintiff actually paid KRW 50 million to the deceased C, and thus, it is not sufficient to deem that the Plaintiff actually paid KRW 50 million to the deceased C (the Plaintiff is not entitled to a receipt for the payment of the lease deposit, and the instant lease agreement does not stipulate that the Plaintiff was paid the down payment and the remainder, and there is no financial data on the fact that the Plaintiff paid the lease deposit to the deceased C, and no financial data on the fact that the Plaintiff paid the lease deposit to the deceased C is found). The Plaintiff’s claim is without merit
3. The plaintiff's claim is dismissed. It is so decided as per Disposition.