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(영문) 수원지방법원안산지원 2015.01.20 2014가단21144
임차보증금반환
Text

1. The plaintiff's respective claims against the defendants are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation whose representative is D, and the Defendants are the successors of the network E (hereinafter “the deceased”).

B. D Co., Ltd. operated the Plaintiff Company on F’s real estate located in the Silung-si, the Deceased’s possession (hereinafter “instant real estate”). On June 30, 2007, after the Deceased’s death on February 30, 2007, D entered into a lease agreement with Defendant B for a deposit of KRW 20,000,000, monthly rent of KRW 2,000,000, and the lease period of two years.

C. Defendant B is above D.

On December 23, 2013, the obligation to pay the rent under the port lease agreement was delayed, and the Suwon District Court filed a lawsuit against D seeking delivery of a building, etc. on December 23, 2013, Ansan Branch of 2013da44805, and Defendant B won the lawsuit on March 25, 2014 because D received a complaint, etc. and did not submit a reply, etc., and the lawsuit was finalized on April 12, 2014.

D. There was a lease agreement (No. 2) dated April 24, 2005, which was created between D and the deceased on the instant real estate, on April 24, 2005, and the Plaintiff asserted as follows as to the formation process of the said lease deposit.

In other words, the plaintiff's representative director D had been operated as a personal business operator and the deceased and the defendants had ordered the foundation construction of the general house of G as a neighborhood living facility, and the construction cost was 56,317,540 won. Of the above construction cost, the deceased used the lease deposit amount of KRW 20,000,000,000 paid to the deceased. The remaining construction cost of KRW 36,317,540,000,000 and the remainder of the construction cost of KRW 20,000,000 and the remainder of the construction cost of KRW 50,000,000,000 as the above lease deposit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, purport of the whole pleadings

2. The plaintiff's assertion and judgment are based on the lease contract dated April 24, 2005 prepared between D and the deceased.

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