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(영문) 수원지방법원안산지원 2020.04.23 2019가단69608
전세보증금 반환
Text

1. The part concerning the claim for return of the owned article in the instant lawsuit is dismissed.

2. The defendant is Ansan-si Member C and D. from the plaintiff.

Reasons

1. Basic facts

A. On April 25, 2012, the Plaintiff entered into a contract with the Defendant to lease the security deposit of KRW 30,000,000, and the period from April 25, 2012 to April 24, 2014 (hereinafter “instant lease contract”), and paid the security deposit to the Defendant around that time.

B. From April 2014, the Plaintiff brought materials, such as books, beds, television, etc., to the instant room, and began to reside in the instant room.

C. Around November 2016, the Defendant notified the Plaintiff of the termination of the instant lease agreement, and the Plaintiff also notified the Defendant that he will be a director at the instant room.

On August 20, 2012, the Defendant returned the deposit amount of KRW 25,00,000,000, the total amount of KRW 15,000,000 on December 16, 2016, and KRW 25,00,000 on April 2, 2018 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 7, each of the images of Eul evidence 4 to 12, the purport of the whole pleadings

2. The Plaintiff’s determination as to the legitimacy of the part on the claim for the return of the owned property among the instant lawsuit is sought from the Defendant of the return of each of the items listed in the attached Table 2 list owned by the Plaintiff in Ansan-si, Seoul, and D (hereinafter “instant apartment”).

In light of the following circumstances, the Plaintiff and the Defendant’s goods are mixed in the remaining parts of the apartment of this case, excluding the room of this case, by specifying the location, type, quantity, external shape characteristics, etc. as to the legality of this part of the lawsuit, and where the Plaintiff seeks delivery of movable property, it shall be deemed that the entry in the attached list 2 is specifically specified to the extent that there is no doubt about the execution of the claim for return by the Plaintiff.

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