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(영문) 서울서부지방법원 2015.04.30 2014나33752
보증금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleading in Gap evidence Nos. 1, 2, 3, 5, and Eul evidence Nos. 1, 2, 6, 8, 9, 10, and 11.

The real estate of this case has been owned by the defendant on the registry, or all management activities such as the conclusion of a lease contract have been taken by C as the defendant's mother.

B. Around July 200, the Plaintiff concluded a lease agreement with C by setting a deposit of KRW 100 million and KRW 250,000 per month with respect to the instant real estate, and made a move-in report on July 31, 200 upon delivery of the said real estate, after paying a deposit of KRW 100 million to C.

C. On May 31, 2002, the Plaintiff entered into a lease agreement to extend the deposit and rent to 24 months from July 23, 2002 with respect to the instant real estate (hereinafter “instant lease agreement”). In the lessor’s column of the apartment monthly rent contract (Evidence A, Evidence B, No. 1) prepared at the time, the Defendant’s name as the owner is affixed with the Defendant’s seal impression attached thereto.

After concluding the first lease contract of this case, the Plaintiff proposed to increase the rent to KRW 400,000 per month instead of reducing the deposit to KRW 50,000,000, and C consented thereto.

As a result, the Plaintiff entered into a new lease agreement with C on July 24, 2002 with regard to the instant real estate with a deposit of KRW 50 million, monthly rent of KRW 400,000 (hereinafter “instant lease agreement”) and returned KRW 50,000 out of the existing deposit. The lessor’s column of the real estate lease agreement (Evidence 2) drafted at the time includes the Plaintiff’s father D, not the Defendant, as the lessor.

E. Afterward, the Plaintiff offered security deposit of KRW 50 million under the second lease contract of this case from C on February 18, 2008, and the same year.

5. 28.20 million won, KRW 10 million on December 5, 201, and KRW 5 million on May 30, 2012;

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