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(영문) 의정부지방법원 2017.10.19 2017가단9343
전세금반환
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. The plaintiff's assertion

A. On April 21, 2012, the Plaintiff concluded a lease contract between the Defendants and D, setting the lease deposit amount of KRW 70,000,000, and from May 4, 2012 to May 3, 2013, with respect to KRW 501,01, and KRW 38,000,00 among the buildings on the 8th floor of reinforced concrete structure on two lots, both E and D, and paid the lease deposit to the Defendants.

B. Since the above lease contract has expired, the Defendants are obligated to return to the Plaintiff KRW 70,000,000 upon the termination of the lease contract.

2. We examine whether the Plaintiff and the Defendants concluded a lease agreement identical to the Plaintiff’s assertion.

According to the statements in Gap evidence Nos. 1 through 3, the defendants and Eul shared 1/3 shares of each of the buildings with 8ths of reinforced concrete structure in E and 2 lots (hereinafter "the building in this case"). D, on April 21, 2012, concluded a lease contract with the defendant for the lease deposit of 70,000,000 square meters for 5ths of the building in this case and 38ths of the building in this case, between May 4, 2012 and May 3, 2013, and the plaintiff paid D with the lease deposit of 70,000,000,000 won for the lease deposit, but it is not sufficient to acknowledge that the above recognition alone concluded a lease contract between the plaintiff and the defendants as to 50,000,000 won for the lease deposit. There is no other evidence to acknowledge otherwise.

Therefore, the Plaintiff’s assertion against the Defendants on the premise that the Defendants are a lessor of the above lease agreement is without merit.

3. In conclusion, the plaintiff's claim against the defendants is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

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