(영문) 서울서부지방법원 2017.04.27 2016가단3990

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(영문) 서울서부지방법원 2017.04.27 2016가단3990

양수금 및 건물명도

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On April 20, 201, the Defendants asserted on the part of the Plaintiff: (a) concluded a lease agreement with the lessor, Defendant C, the lessee, and the lease deposit amount of KRW 40,000 with respect to the instant real estate owned by the Defendant C; (b) around that time, Defendant B paid KRW 40,000,000 to the Defendant C.

around March 6, 2012, Defendant B transferred the right to refund the above lease deposit to the Plaintiff, and completed the notification of the assignment of the claim to Defendant C at that time.

However, as the above lease contract between the Defendants is terminated, Defendant B is obligated to deliver the instant real estate to Defendant C, and Defendant C is obligated to pay the said KRW 40,000,000 to the Plaintiff simultaneously with the delivery of the instant real estate from Defendant B.

2. The plaintiff's assertion is based on the premise that Defendant B has the right to return the lease deposit equivalent to KRW 40,000,000 against Defendant C.

However, the evidence No. 2 (a copy of the contract) cannot be used as evidence because there is no evidence to prove the authenticity of the contract, and otherwise, there is no evidence to prove that Defendant B has a claim for the refund of the lease deposit equivalent to KRW 40,000,000 against Defendant C, and the Plaintiff’s assertion is without merit without further examination.

In full view of the overall purport of the pleadings in each of the statements in Eul evidence Nos. 1 through 12 (including the number of branch offices), defendant C prepared a written agreement on loan transaction with the victim D around December 7, 201, and prepared a lease contract with the defendant C (the defendant C) on April 20, 2003, which was owned by the defendant for the purpose of securing the loan to the above victim C (the defendant C) housing owned by the defendant for the purpose of securing the loan to the above victim C (the household of this case, which was owned by the defendant of this case since the lease was renewed in the monthly rent of KRW 250,000, March 14, 2007, and the defendant B returned the above lease deposit amount of KRW 5,00,000 to the defendant B on March 14, 2007.

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