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(영문) 청주지방법원제천지원 2020.09.23 2020가단1161
전세보증금 반환
Text

Defendant B paid KRW 35,00,000 to the Plaintiff.

The plaintiff's claim against the defendant C is dismissed.

(b) Costs of lawsuit;

Reasons

1. Basic facts

A. On March 31, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, setting the lease deposit amount of KRW 35,00,000, and the lease term from April 1, 2014 to March 31, 2015 (hereinafter “instant lease agreement”).

B. On March 31, 2014, the Plaintiff paid KRW 35,000,000 to Defendant B for lease deposit.

C. The instant lease agreement was implicitly renewed even after the termination of the lease term.

On January 2020, the plaintiff expressed that he does not want the renewal of the lease contract to the defendant, and requested the return of the lease deposit on March 31, 2020 when the renewed lease term expires.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts of the above recognition as to the claim against Defendant B, since the instant lease contract was terminated on March 31, 2020, Defendant B is obligated to refund KRW 35,000,000 to the Plaintiff.

B. As to the claim against Defendant C, the Plaintiff asserts that Defendant C is obligated to pay KRW 35,00,000 to the Plaintiff on the premise that he/she was in the position of joint lessor with Defendant B.

However, the evidence submitted by the Plaintiff alone is insufficient to recognize that Defendant C is in the position of joint lessor, and there is no other evidence to acknowledge it.

[In light of the above, the lease agreement (No. 2) of the instant lease agreement states only the Defendant B as a lessor. Therefore, it cannot be deemed that only the co-owner of the instant real estate but also the lessor bears the duty to return the lease deposit to the Plaintiff. Therefore, the Plaintiff’s claim against the Defendant C is rejected.

3. Conclusion against Defendant B.

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