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(영문) 수원지방법원 2019.08.30 2019가단519444
임대차보증금
Text

1. Defendant B’s KRW 30,000,000 and the Plaintiff’s annual rate from February 22, 2019 to April 24, 2019, and the following.

Reasons

1. Basic facts

A. On July 21, 2018, the Plaintiff entered into an obligatory lease agreement (hereinafter “instant agreement”) with Defendant B on the lease of D apartment and E (hereinafter “instant apartment”) with the content that the deposit amount is KRW 300,000,000, and the term of lease from August 27, 2018 to August 26, 2020, with the content that the Plaintiff leases D apartment and E (hereinafter “instant apartment”) from Defendant B without rent.

B. Defendant B received the full amount of KRW 300,000,000 under the instant contract at around that time, and delivered the instant apartment to the Plaintiff on August 27, 2018.

C. Since January 2019, the Plaintiff agreed to terminate the instant lease agreement with Defendant B, but the Plaintiff delivered the instant apartment by February 12, 2019, and Defendant B returned all deposits around February 21, 2019 (hereinafter “instant agreement”).

On January 5, 2019, Defendant B returned KRW 30,000,000 out of the deposit under the instant agreement to the Plaintiff. On February 12, 2019, the Plaintiff delivered the instant apartment to Defendant B.

On February 22, 2019, Defendant B returned 240,000,000 won out of the deposit to the Plaintiff.

E. Meanwhile, when the Plaintiff filed a claim for the return of deposit under the instant agreement with Defendant B, on February 26, 2019, Defendant B became aware of the dispute between the Plaintiff and the Defendant C as to the attribution of the claim for the return of KRW 60,000 out of the deposit as the Plaintiff’s spouse net F (hereinafter “the deceased”) and the mother’s share KRW 60,00,000,000 among the deposit amount, and on the other hand, Defendant C deposited the said amount of KRW 30,000 among the deposit amount as deposit under Article 487 of the Civil Act (hereinafter “the deposit”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s primary claim against the Defendant B is the case.

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