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(영문) 창원지방법원마산지원 2020.09.24 2019가단106418
임대차보증금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D and Defendant C filed a divorce on or around June 2019, even though they were married couple’s death.

The plaintiff was the father of the defendant C, and the plaintiff was the mother of the defendant C.

B. Around October 2014, Defendant D and Defendant C were faced with economic difficulties while married a marriage, and leased an apartment with a security deposit to another person, and had Defendant B enter the first floor of the E Housing (hereinafter “instant housing”) and reside in, around October 2014, with the repayment of the security deposit for lease.

C. On October 8, 2014, the Plaintiff issued a check of KRW 50 million on October 8, 2014 at Defendant C upon Defendant C’s request and paid directly to the construction business operator on October 9, 2014 as the repair cost of the instant house, and deposited the remainder of KRW 40 million into the account in Defendant C’s name on October 10, 2014.

On the other hand, the Plaintiff transferred KRW 20 million to the account under Defendant C’s name on September 10, 2018 at the request of Defendant D and Defendant C.

[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 2 and 3, and the purport of the whole pleadings

2. The plaintiff's assertion

A. Defendant C, the Plaintiff’s Plaintiff’s son’s claim against Defendant B, entered the instant house owned by Defendant B. At the time, the Plaintiff was unable to provide money to Defendant D and Defendant C, and the Plaintiff offered a defective proposal so that Defendant B could live in the instant house, and Defendant B consented thereto.

Ultimately, between the Plaintiff (Lessee) and Defendant B (Lessee) concluded a lease agreement on the instant housing. Since D, around June 2019, divorced with Defendant C and Defendant C, the said lease agreement was terminated.

Therefore, Defendant B is obligated to refund the lease deposit amount of KRW 50 million to the Plaintiff.

B. The Plaintiff filed a claim against Defendant C on September 10, 2018.

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