임차보증금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The defendant is the owner of the C Apartment 507 Dong 903 (hereinafter "the apartment of this case") in Yangju-si.
B. On December 18, 2015, the Defendant prepared a lease contract with the father E of Nonparty D and the apartment of this case under the terms of KRW 165,00,000, and the term of lease 24 months. The lessee is stated in the above contract.
C. Around June 25, 2017, the motherF found the Defendant and requested the lessee to change the lessee into the Plaintiff, one’s own Dong. The Defendant did not refuse the aforementioned F’s repeated request and made a new lease agreement with G real estate agents who arranged the lease contract, and the lessee was the Plaintiff.
Accordingly, G prepared a new lease agreement in which the lessee was the Plaintiff, and the Plaintiff obtained a fixed date in the above lease agreement on July 26, 2017.
[Ground of recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1, and Eul evidence No. 1, the result of verification of the monetary recording file of this court, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that the actual tenant is the father E of the above D, and that there exists an agreement between E and the plaintiff on the transfer of the right of lease between E and the plaintiff, and that the defendant should return the lease deposit to the plaintiff.
In addition, even if the actual tenant is the above D, there is an agreement between the above D and the plaintiff on the transfer of the right of lease, and the defendant consented thereto, so the defendant is obligated to return the lease deposit to the plaintiff.
B. (1) Determination is a matter of interpreting the intent of a party involved in the contract.
The interpretation of expression of intent is to clearly define the objective meaning that the parties have given to the act of indication, and where the contents of a contract are written in writing, which is a disposal document, it is not written.