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(영문) 서울중앙지방법원 2019.06.14 2018나68256

보증금반환

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasoning of the judgment of the court of first instance is to add "to lease the right to lease of the store of this case" to "to lease the store of this case", and the third and sixth, "the key of the store of this case was changed to the plaintiff so that the plaintiff can use the key of the store of this case which was kept in the family management office, so that the plaintiff could eventually see the said key to the plaintiff." The main text of Article 420 of the Civil Procedure Act is as follows: "The key of the store of this case was eventually changed to the plaintiff."

2. At the time of the conclusion of the instant lease agreement, the Plaintiff did not request the Defendant to dispose of the said house and fixtures within the instant store, and agreed on the acquisition and disposal of the said house and fixtures only between G, a former lessee, and the Defendant, like the previous lease agreement, understood that there was an agreement on the acquisition and disposal of the said house and fixtures between G, a new lessee, and a former lessee, and accordingly, it appears that the Defendant received the lease deposit from the Plaintiff and delivered it to G as it is, and immediately after the conclusion of the instant lease agreement, the Plaintiff did not request the Defendant to dispose of the said house and fixtures, and it appears that at the time, the Plaintiff did not express his intention to directly process them, or sought ways to allow a third party to lease the said house as it is.

A. The fourth judgment of the court of first instance is 15,16.