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(영문) 수원지방법원안양지원 2016.06.03 2014가합5871
임대차보증금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on April 2, 2014, and Plaintiff A and Plaintiff B, the spouse of the deceased, inherited the deceased’s property.

B. On May 17, 2013, the Deceased leased the lease deposit amount of KRW 300 million, June 9, 2013 to June 8, 2015, 101-dong 702 (hereinafter “instant apartment”) on one parcel, other than Mapo-gu Seoul Metropolitan Government, which was owned by the Defendant, from the Defendant, with the lease deposit amount of KRW 100 million, and the lease term of KRW 300 million from June 9, 20

(hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”) is without dispute, entry in Gap evidence Nos. 1 and 2 (including additional number), the purport of the entire pleadings.

2. Determination as to the cause of action

A. The deceased alleged in the plaintiffs paid the full amount of KRW 300 million to the defendant under the lease agreement of this case, and resided in the apartment of this case until the death. However, the defendant leased the apartment of this case to a third party after the death of the deceased and did not return the lease deposit.

Therefore, the Defendant is obligated to pay the Plaintiff A 180,000,000 won (=300,000 x 3/5) and the Plaintiff B 120,000,000 won (=300,000 won x 2/5) based on the inheritance shares to the Plaintiffs who succeed to the rights to return the lease deposit of the Deceased.

B. Determination 1: (a) the aforementioned evidence, Gap evidence, Eul evidence No. 3, Eul evidence No. 1; and (b) the result of this court’s response to the order to submit financial transaction information to us; and (c) the following facts are acknowledged.

① At the time of entering into the instant lease agreement, the Deceased and the Defendant determined that KRW 30 million,00,000,000 on the day of the contract, and the remainder KRW 270,000,000,000,000,

② On the date of the conclusion of the instant lease agreement, the Defendant prepared a receipt to the Deceased that he was paid the down payment of KRW 30 million from the Deceased.

③ On June 4, 2013, the Deceased borrowed KRW 70,000 from the Bank as the deposit money for the instant apartment, and on the same day, the said KRW 70,000 as the Defendant’s account.

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