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(영문) 서울중앙지방법원 2020.09.15 2020가단5057208

양수금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The plaintiff's assertion

A. D and network E lease contract 1) D and D are network E on August 9, 2010 (hereinafter “the network”).

B) The lease deposit for the Yongsan-gu Seoul Metropolitan Government F apartment G (hereinafter “instant real estate”) owned by the Deceased: the lease contract between September 15, 2010 to September 14, 2012 (hereinafter “instant lease contract”). The lease contract between the deceased and the lease contract between KRW 190,000,000 and the lease period: the lease contract between September 15, 2010 and September 14

2) In full view of the circumstances, including the fact that the deceased’s address, resident registration number, and telephone number are accurately stated in the instant lease agreement (No. 1), the seal of the deceased was affixed, and D was a move-in report on the instant real estate from October 14, 2010 to May 14, 2012, the instant lease agreement constitutes a disposal document duly formed, and the instant lease agreement is valid.

B. On October 28, 2010, the Plaintiff is the “transfer contract of this case” under which the Plaintiff acquired the claim for refund of KRW 106,200,000, out of the lease deposit of this case from D.

(A) The deceased entered into a contract, and confirmed the contents of the above assignment of claims while present at the time of the assignment of claims, and affixed a seal to the above assignment of claims (Evidence A No. 4 as a lessor).

C. The Deceased died at the end of 2011, and the Defendants, the inheritors of the Deceased, agreed on December 25, 201 to inherit each of the instant real estate shares on December 25, 201, and completed the registration of ownership transfer for each of the instant real estate shares on May 9, 2012.

D on May 14, 2012, delivered the instant real estate to the Defendants.

E. Therefore, the Defendants, jointly and severally, succeeded to the lessor’s status under the instant lease agreement, and succeeded to the deceased’s obligation to return the lease deposit of this case, shall be served on the Plaintiff who acquired the Plaintiff’s claim to return KRW 106,200,000 out of the lease deposit under the instant transfer contract, and a duplicate of the complaint of this case.