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(영문) 서울서부지방법원 2015.05.07 2014가합31592
전세보증금 반환청구 등
Text

1. The plaintiff's action against the defendant B shall be dismissed.

2. The plaintiff's ancillary disposition against the defendant B.

Reasons

Basic Facts

Defendant B is the former denial of Defendant D, and the Plaintiff is the subject of D.

From March 26, 2009 to April 13, 2013, the Plaintiff remitted a total of KRW 137.55 million to Defendant B’s account.

Defendant C is the owner of the instant real estate.

On the other hand, around July 2013, a lease agreement was concluded with respect to the instant real estate as KRW 120 million (hereinafter “instant deposit”) and Defendant B was residing in the instant real estate from around that time.

On August 29, 2013, Defendant B promised to transfer the instant security deposit to the Plaintiff. The Plaintiff prepared a letter stating that “The Plaintiff, from August 5, 2013 to August 4, 2015, despite the expiration of the contract, is unable to do so with the parent thickness, or is unable to fulfill the responsibility (living cost of KRW 200,000), he/she shall pay the security deposit by transferring name to the Plaintiff or leasing it to another person before the expiration of the contract. If the promise is not fulfilled, he/she shall arbitrarily request the Plaintiff’s real estate to find the security deposit or file a lawsuit (hereinafter “instant letter”).

On August 26, 2013, Defendant B entered into an agreement on the assignment of claims with the purport of transferring the instant claim to Defendant C to the Plaintiff for the refund of KRW 120 million (hereinafter “transfer of claims in this case”); on August 30, 201, Defendant B notified Defendant C of the fact of the said transfer by content-certified mail and notified the same year.

9.2. The above notification was delivered to Defendant C.

[Ground] The plaintiff's assertion that there is no dispute over the facts, Gap 1, 2, 4, 9, 10, 12 evidence, Eul 4 (including a serial number; hereinafter the same shall apply), the main purport of the whole pleadings, as well as the claim against defendant Eul, and the claim against the defendant Eul. The plaintiff leased the real estate of this case from the defendant Eul, and the plaintiff lent KRW 137550,00 to the defendant Eul in return for the loan of KRW 13750,000 to the defendant Eul.

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