(영문) 서울북부지방법원 2017.02.10 2016가단124006

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(영문) 서울북부지방법원 2017.02.10 2016가단124006

임대차보증금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion entered into a lease agreement with the Defendant about KRW 54,00,00 with respect to the building of Dongdaemun-gu in Seoul, Dongdaemun-gu D market (hereinafter “instant building”) around July 2002, and occupied the instant building. On or around 2009, the Plaintiff entered into a lease agreement with the Defendant by increasing the lease deposit amount to KRW 100,000 with respect to the instant building under the name of C, and entered into a lease agreement again with the Defendant around 2009, and thereafter, all the lease deposit is paid to the Defendant to the present day.

Therefore, notwithstanding the fact that the Plaintiff is a lessee of the above lease agreement, the Defendant clearly expressed his/her intention not to pay the lease deposit to the Plaintiff on the ground that there is a heir after C death, and the Plaintiff expressed his/her intention not to pay the lease deposit to the Defendant on or around May 2016, so the Defendant is obligated to pay KRW 100 million to the Plaintiff.

2. In full view of the statements in Gap evidence Nos. 1, 1, 5 and witness Eul's testimony and the whole purport of the arguments, the defendant prepared a lease contract with Eul (the name of "F"; hereinafter referred to as "C") around July 2002 as to the building of this case and KRW 30 million in lease deposit and KRW 600,000 in monthly rent, and the defendant prepared a lease contract with regard to the building of this case on May 13, 2009, while the plaintiff was present in company with the plaintiff on May 13, 2009, after setting the lease deposit amount of KRW 10,000 won in lease deposit for the building of this case and KRW 24,000 in lease period, May 13, 2009, and KRW 300,000 in monthly rent, and all of the balance of the lease deposit amount of Eul was paid on April 2, 2012.

The above recognition facts and ① The plaintiff was living together with C and was allowed to sit in company with C at the time of the formation of the instant lease agreement. However, the tenant under the instant lease agreement is written only as C, and ②.

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