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(영문) 청주지방법원충주지원 2016.05.12 2015가단4651
임대차보증금반환
Text

1. The Defendants jointly share KRW 35,000,000 with the Plaintiff and KRW 5% per annum from February 5, 2015 to July 28, 2015.

Reasons

1. Basic facts

A. The Defendants are the co-spouses of multi-household D’s multi-family housing (hereinafter “instant building”) on the Daejeon U.S. D’s land as a person having one’s spouse relationship.

B. From the construction of the instant building and around July 28, 201, around July 201, the Plaintiff’s father E entered into a lease agreement with the Defendants as to each subparagraph of the instant building under the name of the Defendants, and received deposits and rents from the lessee. Upon termination of the lease agreement, Defendant C’s ar had actually managed the instant building by: (a) Defendant C’s ar resided in the instant building since 2003; and (b) E had the Defendant C reside in the instant building; and (c) E had the F perform the affairs related to the conclusion of the lease agreement on the instant building, deposit money, and rent deposit.

C. From 2003 to 2003, F entered into a lease agreement on each subparagraph of the instant building in the name of the lessee and the Defendants on behalf of E, and continued to enter into a lease agreement between the lessee and the Defendants in the name of the Defendants until October 2012 after E’s death. D.

E received a deposit or monthly rent from a lessee to his own account (G) and received a deposit or monthly rent from the lessee, and from 2011, he also received a deposit or rent from the head of the Tong in the name of the defendant B.

Meanwhile, after the death of E, F was directly managed by the passbook in the name of Defendant B, and was deposited into the Nonghyup Bank (H) account in the name of Defendant B as the deposit and difference in the lease agreement entered into in the name of the Defendants.

E. The Defendants granted F the right of representation to enter into a monthly rental agreement on each heading of the instant building.

F. Between the Plaintiff and the Plaintiff on January 23, 2011, F refers to deposit money of KRW 35,000,000 and lease period from February 5, 2011 to February 4, 2013 with respect to the fourth 405 of the instant building (hereinafter “studio of this case”).

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