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(영문) 서울중앙지방법원 2016.09.21 2015가단5095213
임대차보증금
Text

1. The Defendants jointly share the delivery of real estate stated in the separate sheet from the Plaintiff, and 85,000.

Reasons

1. Basic facts

A. The Defendants are co-owners of real estate listed in the attached list (hereinafter “the apartment of this case”), and the Plaintiff is a person who was transferred the apartment of this case from the Defendants on January 23, 2014 and resides therein.

B. On December 15, 2013, the Plaintiff, along with his family members, leased and resided in Guro-gu Seoul Metropolitan Government 501, and began to reside with Defendant B’s apartment as the instant apartment site after the expiration of the lease term.

C. On January 23, 2014, the Plaintiff transferred KRW 85 million to Defendant C’s bank account.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The assertion and judgment

A. On January 23, 2014, the Plaintiff concluded, as the Defendants’ proposal, a lease agreement with the Plaintiff to lease the instant apartment without an agreement for a period of KRW 85 million was concluded, and on February 23, 2015, the instant lease agreement terminated upon the expiration of the lease term. The Defendants are obligated to pay the Plaintiff the lease deposit amount of KRW 85 million. 2) The Defendants asserted that the Plaintiff, who operated the E-Patent Law Office jointly with Defendant B, was unable to seek a new director on or before December 2013, and was unable to find it difficult for the Plaintiff, who operated the E-Patent Law Office with Defendant B, supplied the said apartment in good faith so that it can be returned to the instant apartment owned by the Defendants, and concluded a lease agreement with the Plaintiff, and that KRW 85 million,000,000,000,000,000,000,00 won, transferred to Defendant C, as the claim for damages, shall be remitted from the said patent office.

B. The facts acknowledged prior to the judgment and the following circumstances revealed in light of the Gap evidence No. 3, namely, the plaintiff made a move-in report on the apartment of this case to the defendant C’s account on the following day, and at the time, deposited KRW 85 million with the apartment of this case.

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