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(영문) 서울서부지방법원 2020.07.17 2019가단255716
보증금반환
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 65,00,000 and 12% per annum from February 19, 2020 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 1, 2014, the Plaintiff entered into a lease agreement with the Defendants on the second floor of the building in Mapo-gu Seoul Mapo-gu and the FF buildings registered as owned by Defendant C, from November 10, 2014 to November 10, 2017; the lease deposit amount is KRW 100 million; and the monthly rent is KRW 100 million (hereinafter “instant lease agreement”); and used the second floor of the said building that was paid KRW 100 million as the lease deposit.

B. On August 8, 2017, the Plaintiff agreed to extend the instant lease agreement with the Defendants, a joint lessor, up to November 10, 2019.

C. The Plaintiff notified that he would not renew the lease contract from before the termination of the instant lease contract. On November 10, 2019, the Plaintiff requested the return of the lease deposit while returning the leased object of this case, but did not receive a refund until now.

The plaintiff did not pay the monthly rent for 2 months.

In addition, the Defendants demanded the restoration of the leased object of this case to its original state cost of KRW 15 million and the Plaintiff consented thereto.

[Reasons for Recognition] Nos. 1 and 2 of the Evidence Nos. 1 and 2 (Defendant C’s ground for evidence defense shall be deemed to be below) and the purport of the whole pleadings

2. The assertion and judgment

A. As to the claim of this case based on the premise that Defendant C is a co-lease of the lease of this case, the above defendant asserted that he was merely a title trustee of the leased object of this case, and did not participate in the lease contract of this case, and that his relevant part of the lease contract of this case was forged.

On the other hand, even if there is a title trust relationship as alleged by the above defendant, the title trustee is the owner in an external relationship. Thus, at the time of the instant contract, the above defendant appears to have comprehensively delegated the business affairs related to the lease to the defendant B. The authenticity of the seal related to the process of acquiring the leased object, the process of providing security, and the preparation of the instant lease agreement.

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