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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On February 4, 2009, the Plaintiff’s assertion made a lease agreement with the Defendant regarding D Apartment E (hereinafter “instant apartment”) under the name of the deceased C (the deceased on October 2016, hereinafter “the deceased”) and set the deposit amount of KRW 18.5 million, monthly rent of KRW 170,000, and the lease period of KRW 1.7 million.
Since then, the Plaintiff’s family resided in the instant apartment and renewed the lease agreement every year, and on February 17, 2015, the deposit for the instant apartment was finally increased to KRW 2,359,00,000, and the Plaintiff paid the increased deposit to the Defendant. As such, the Plaintiff is not the deceased, but the actual lessee.
Even if the deceased should be regarded as a tenant at the time of the lease agreement, in light of the following circumstances, in view of the use of the apartment of this case and the renewal of the lease agreement, the defendant shall be deemed to have consented to the transfer of the right of lease or sub-lease of the apartment of this case to the plaintiff. Therefore, the defendant shall bear the obligation of
2. Determination
A. As a result of the determination on the Plaintiff’s assertion that he is a lessee (1) written evidence Nos. 1 through 12, 15 through 20 (Partial number omitted; hereinafter the same shall apply) and the fact-finding on the East Sea Market of this Court, in full view of the purport of the whole pleadings, the deceased did not have resided in the apartment of this case even though he entered into a lease agreement with the Defendant on the apartment of this case, and the Plaintiff’s family members had resided in the apartment of this case since they moved into the apartment of this case around March 11, 209, and the fact-finding that the Plaintiff was residing in the apartment of this case, the Plaintiff was also taking the security deposit, and all of the rent, management fee, etc.
(2) However, regarding the apartment of this case.