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(영문) 서울동부지방법원 2016.02.04 2015가단2813

매매대금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On February 13, 2013, the Defendants: (a) each designated lease of KRW 36 months; (b) lease deposit KRW 20,000,00 ( KRW 10,000,000 for each Defendant); (c) monthly rent of KRW 4,00,000 (Defendant B2,50,000, KRW 1,500,000 for Defendant C); and (d) the lessee’s name in the lease agreement at D’s request entered the lease agreement in KRW 1,50,00 (hereinafter “instant lease”).

(hereinafter referred to as "F lease contract") .b.

D paid the above lease deposit to the Defendants by means of remitting the above lease deposit to the former lessee, and paid the Defendants the said deposit to the Defendants while using the instant real estate.

C. Around 201, the Plaintiff lent KRW 65,00,000 to D, and thereafter agreed to change the name of the lessee of the F lease contract to the Plaintiff in order to secure the obligation to return the loan and D.

On February 13, 2013, the Plaintiff, D, and D, Defendant B, and Defendant B’s father were prepared two copies of the lease agreement that are the same as the leased object, lease term, lease deposit, and monthly rent, and the name of the lessee is the Plaintiff, at the president of the 2nd National Community Credit Cooperatives, in spring of spring 2014, and the contract date was retroactively written on February 13, 2013.

(hereinafter “each lease contract of this case”). E.

D around July 30, 2014, the Defendants requested H to transfer the lessee status under the instant lease agreement to H. The Defendants accepted this, and on August 9, 2014, the Defendants set the leased object of the instant lease at the same time for 36 months from the date of the contract, the lease deposit and the monthly rent to H. The Defendants returned KRW 20,000,000 to D.

[Ground of recognition] A 1-2, Eul evidence Nos. 1, 3, 5, 6, Eul evidence Nos. 2-1, 2-2, and Eul evidence Nos. 7-2, witness I's testimony, witness I's testimony, the result of the plaintiff's questioning, and pleadings.