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(영문) 대구지방법원 2015.11.04 2014나6341
임대차보증금
Text

1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's preliminary claim added at the trial, the defendant shall be the plaintiff.

Reasons

1. Basic facts

A. The relationship between the Plaintiff and the Defendant (name before the opening of the name: H) were close to the post-school line, and the Plaintiff, from April 2006 to May 201, 200, she lived at a single house with I, his/her father’s father, and her community was formed without individual distinction of economic life while operating the clothing store.

B. From February 11, 2003 to October 11, 2012, the Plaintiff and the Defendant engaged in money transactions through bank account transfer, etc. on several occasions between the Plaintiff and the Defendant. During the above period, the Defendant prepared and delivered to the Plaintiff a real estate sales contract stating that the Defendant’s share among the old-si Seoul building was sold at KRW 165 million to the Plaintiff on December 16, 2006 and that the payment was paid in full. ② on December 30, 2009, a testamentary document was prepared with the purport that the Plaintiff’s husband’s wife would testamentary gift of all the property under the Defendant’s name to the Plaintiff’s husband, and issued the Plaintiff a loan certificate of KRW 30 million on December 3, 2010 to the Plaintiff, and ④ on June 25, 2011, the Defendant set up the right to collateral security at KRW 250 million on the Plaintiff’s land and the right to collateral security at KRW 300 million on the Plaintiff’s 25 billion.

C. On March 8, 2009, the Plaintiff entered into a lease contract between the Plaintiff and the Defendant. On or around March 8, 2009, the part of the housing E in the old Si’s ground building C (hereinafter “instant building 1”).

3) As to the deposit for lease (hereinafter “the deposit for lease No. 1”) KRW 70 million

) The lease contract (hereinafter “the first lease contract of this case”) entered as the lease period of 36 months is stipulated.

2) On August 20, 2009, the Plaintiff entered the lease deposit amount of KRW 50 million (hereinafter “instant second lease deposit”) and the lease period of KRW 24 months with respect to the portion of the building on the ground of the Gu-U.S. C (hereinafter “instant building”) among the building on the ground of the Gu-U.S. and the Defendant.

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