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(영문) 서울서부지방법원 2017.08.10 2017가단2734

임대차보증금 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 17, 200, the Plaintiff: (a) among the buildings (hereinafter “instant building”) located in Yongsan-gu Seoul Metropolitan Government and 10 lots of land owned by the deceased C (hereinafter “the deceased”); (b) the first floor store was destroyed or lost on June 22, 2012; (c) the lease deposit amount of KRW 10,000,000, monthly rent of KRW 900,000, May 17, 2000 and May 17, 2001; (d) the lease term of KRW 10,000,000, KRW 1,500, KRW 1,000, KRW 1,000, KRW 500, and the lease term of KRW 20,000 from September 17, 2002; and (d) the lease agreement was finally renewed on 20,000,000, KRW 27,700,000.

On February 9, 2007, the date of the final lease contract on the above 1st floor store, the lease contract was additionally concluded between the deceased and the deceased on February 9, 2007, with the lease deposit amount of KRW 5,000,000, monthly rent of KRW 300,000, and from March 25, 2007 to March 25, 2007.

B. The Defendant, as a son of the Deceased, received a legacy from the Deceased on August 8, 2016, on the part of Yongsan-gu Seoul Metropolitan Government D, a part of the instant building site, 30/8 square meters of 101.8 square meters.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 5, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion 1) The Plaintiff: (a) leased part of the instant building from May 17, 1995 to November 1, 201; and (b) the lease deposit to be returned remains in 60,000,000 won; and (c) the Defendant, who received the ownership share of the deceased out of the instant building site from the Deceased, paid the Plaintiff the said KRW 60,000,000 and the next day following the delivery date (from November 2, 2011).