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(영문) 의정부지방법원고양지원 2020.10.16 2020가단486
약정금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(c) A lessor: Provided, That if the lessee has consented, the lessor may refund all or part of the share of the tenant under Article 1 (2) directly to the occupant;

(hereinafter omitted)

B. On February 9, 2019, the Plaintiff made an agreement with the Defendant and F on the instant housing and the instant contract as follows:

(A) No. 2, 34,500,000 out of the amount of 120,00,000,000 of the key money for lease on a deposit basis under the agreement on the return of the deposit for lease on September 11, 2018 (hereinafter “instant agreement”) shall be the refund for the construction work, and 34,50,000 won shall be the lessee’s deposit for lease on a deposit basis, in the absence of circumstances where it is impossible for the lessee to express his/her intention, or in the absence of such circumstances, the mandatory designated by the lessee to return the deposit for lease on a deposit basis to the Plaintiff by the lessor designated by the lessee shall return the deposit for lease on a deposit basis, in three copies of the signature and seal affixed by the lessee, the lessee, and the mandatory, and shall follow the decision of the competent court at the domicile where

* A lessor: Defendant * a lessee (agent): F* a mandatary: the Plaintiff

C. The F died on July 8, 2019 (Evidence A No. 3), and F’s inheritors delivered the instant building to the Defendant.

(C) fact that there is no dispute. D.

On September 19, 2019, the Defendant returned to the Corporation KRW 119,400,000,000 calculated by subtracting KRW 600,000 from the deposit amount of KRW 120,000 under the instant contract.

(B) [Evidence 2] / [Ground for Recognition] : Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff agreed to return KRW 34,500,000 out of the deposit money under the instant contract (hereinafter “occupant’s deposit”) to the Plaintiff when the Plaintiff was unable to express his/her intent in the instant agreement.

Since F was deceased and thus unable to express its intent, the contract of this case has been terminated, the Defendant is obligated to return the deposit to the Plaintiff KRW 34,500,000 to the Plaintiff.

B. Defendant 1.

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