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(영문) 수원지방법원 2015.11.05 2015가단110702

임대차보증금

Text

1. Defendant E and F shall pay Plaintiff A KRW 1,428,571, respectively, to Plaintiff E and C.

2. Defendant D is Osan City.

Reasons

1. The fact of recognition is that Plaintiff A’s wife, Plaintiff B, and C are H’s children.

H died as suicide on February 7, 2015.

Defendant E and F are the owners of Osan-si 301 Gag Loans (hereinafter referred to as the “instant real estate”).

On April 16, 2012, Defendant D leased the instant real estate (hereinafter “instant lease”) to Defendant E and F on April 16, 2012, KRW 2 million, and KRW 300,000,000 per month, and resided as H.

On March 4, 2014, the instant lease agreement was increased to KRW 20 million, and the deposit for lease was changed to the lease for lease on a deposit basis. Defendant D and H were joint tenants. Defendant E and F were paid KRW 17.5 million out of the increased deposit for lease KRW 18 million at the time.

Defendant D and H demanded Defendant E and F to change the instant lease agreement at monthly intervals on February 2, 2015, and agreed to change the lease agreement to KRW 2,50,000 per month on the lease deposit to KRW 10,000,000 per month. As such, Defendant E and F remitted the amount calculated by deducting KRW 1,755,00,000 from the overdue rent, KRW 1,50,000,000,000,000 from Defendant E and KRW 4,255,00,000,000,000,000,000,000 won.

Currently, the lease of this case has been terminated, and the remaining lease deposit is KRW 10 million.

[Ground of recognition] Facts without dispute, Gap 1 through 7, Eul 1, 2, the purport of the whole pleadings

2. Determination as to the claims against Defendant E and F

A. Defendant D and H are co-Lessees of the instant lease agreement, but the de facto lessee is H who paid the lease deposit.

Since the lease of this case was terminated, Defendant E and F have the obligation to refund the deposit money stated in the claim amount inherited to the Plaintiffs.

B. According to the judgment of the court below, from the account held in H on February 24, 2014, it is recognized that KRW 17.5 million was transferred to Defendant E from the account held in H, but only that alone, it is deemed that the right to return the lease deposit under the instant lease agreement belongs to H only.