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(영문) 서울동부지방법원 2017.09.01 2016가단33722
공탁금출급청구권확인
Text

1. C is about KRW 18,275,00,00, deposited by the Seoul Eastern District Court No. 3415 in 2016, Aug. 31, 2016.

Reasons

1. Basic facts

A. On August 13, 2014, the Plaintiff and the Defendant agreed to reside along with the leased real estate. On August 13, 2014, the lease contract was concluded with respect to KRW 201 (hereinafter “instant building”) among multi-family houses located in Gangnam-gu Seoul Metropolitan Government D (hereinafter “instant building”) located in Gangnam-gu, setting the lease deposit amount of KRW 40,000,000, monthly rent of KRW 950,000, monthly rent of KRW 950,000, and from August 14, 2014 to August 13, 2015 (hereinafter “instant lease agreement”). The lessee under the said lease agreement is the mother of the Defendant.

B. The lease contract (hereinafter “instant lease contract”) prepared at the time of the conclusion of the instant lease contract stipulated as follows: “The lease contract (hereinafter “instant lease contract”) is one of the special terms and conditions stipulated as follows: “A gold KRW 20 million shall be returned at the time of the return of the security deposit, E gold KRW 20 million shall be returned.”

(hereinafter “instant special agreement”). C.

E paid KRW 40,00,000 to C on August 14, 2014 following the following day, and the Plaintiff and the Defendant began to live together in the instant building upon delivery of the instant building on the same day.

However, on September 2014, the defendant and E demanded the police officer to re-preparation the lease contract as necessary for the moving-in report, and the plaintiff also agreed to the F who served as the wife and agent of C.

On September 18, 2014, F prepared a new lease contract (hereinafter referred to as "the changed lease contract of this case") by changing the lessee's name to the defendant.

E. Most of the terms and conditions and special terms and conditions of the existing lease agreement were re-written in the instant modified lease agreement, and instead of re-written in the instant special agreement, they were replaced by the special terms and conditions (hereinafter “instant modified special agreement”) that “the transfer agreement is null and void, and that “in the name of B and E” (hereinafter “instant modified special agreement”).

F. The instant lease agreement was terminated on or around August 2016, and the Plaintiff at the time pursuant to the instant special agreement.

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