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(영문) 의정부지방법원 2018.05.16 2017나7706
임대차보증금 반환
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. Basic facts

A. The Plaintiff, C, and D are siblings, and D was de facto in a de facto marital relationship with E around 2008.

B. On March 29, 2005, E entered into a lease agreement with the Defendant to lease five floors of building F located in Gyeyang-gu, Seoyang-gu, Seoyang-gu (hereinafter “instant real property”) owned by the Defendant, with the lease deposit of KRW 20,000,000, monthly rent of KRW 1,50,000, and the lease period from March 29, 2005 to March 29, 2007. At that time, E paid KRW 20,000,000 to the Defendant.

C. On June 7, 2006, E and the Defendant changed the monthly rent of KRW 1,300,00 (total of KRW 1,544,00,00,000, such as management expenses, surcharges, and electricity charges) from June 7, 2006 to June 7, 2008, and on June 7, 2007, the lease period was changed to KRW 1,200,00 (total of KRW 1,414,00,00, such as management expenses, surcharges, etc.), and the lease period was changed to June 7, 2007 from June 7, 2007 to June 7, 2009, and the above lease was implicitly renewed until June 16, 2010.

C On June 17, 2010, the Defendant drafted a lease agreement stating that the instant real estate is leased from the Defendant during the period from June 17, 2010 to June 17, 2012, by setting the lease deposit amount of KRW 20,000, monthly rent of KRW 1,200,000, and the lease period of KRW 1,200,000.

E. On June 17, 2013, the Plaintiff drafted a lease agreement stating that the instant real estate from the Defendant is leased KRW 20,000,000, monthly rent of KRW 1,200,000, and the lease period from June 17, 2013 to June 17, 2015.

F. The above lease agreement between the Plaintiff and the Defendant was terminated on November 17, 2016, while it was implicitly renewed.

On November 17, 2016, the Plaintiff handed over the instant real estate to the Defendant.

G. On November 30, 2016, the Defendant remitted KRW 4,000,00 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 6 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The parties’ assertion (1) Plaintiff C.

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