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(영문) 수원지방법원안양지원 2016.08.11 2015가단17607
보증금 반환 청구의 소
Text

1. 13. Of the KRW 178,402,200 deposited by the Defendant (Withdrawal) with the Gangnam Branch of the Chuncheon District Court No. 2013, Nov. 16, 2015, 178,402,200.

Reasons

In fact, on March 16, 2012, the Plaintiff and the Plaintiff’s husband F entered into an occupancy agreement with the Defendant with respect to G real estate transport (hereinafter “actual transport”) 715, which the Defendant operated.

The occupancy amount: 123,60,000 won: The Plaintiff, F, and the payee of refund: Plaintiff, F, and Defendant changed the above occupancy contract into F and the Defendant on September 21, 2012 as follows. The recipient of refund was determined as the Plaintiff and F as it is, as the previous occupancy contract.

(A) A contract for occupancy with the same change is deemed to be “the occupancy contract of this case.” The occupancy contract of this case was terminated on August 18, 2015, following the change into 708: the occupancy contract of this case was changed to 708; the occupancy contract amount was increased to 180,000,000 won; and the occupant was deceased by F. F.

The deceased F (hereinafter referred to as "the deceased") is an heir, who is the wife and the Intervenor.

On November 16, 2015, the Plaintiff and the Intervenor deposited KRW 178,402,200 as deposit money to the Plaintiff or the Intervenor on November 16, 2015, the Defendant deposited KRW 178,402,200 as relative uncertainty by taking the Plaintiff or the Intervenor as deposit money.

[Grounds for recognition] No dispute exists, Gap evidence Nos. 1, 2, 5 (including a branch number), Eul evidence No. 3, and the plaintiff's assertion asserted by the parties to the whole pleadings. Since the beneficiary of the occupancy contract of this case and the plaintiff are the deceased and the plaintiff, the right to receive the refund for the occupancy contract of this case belongs to the plaintiff as long as the deceased died, and the refund for the occupancy contract of this case shall be received by the plaintiff.

Therefore, the right to claim the payment of deposit is against the Plaintiff.

The parties to the instant occupancy contract of the Intervenor’s assertion are the Deceased.

The recipient of the contract for occupancy of this case refers to only the agent to receive the refund and it is not the person entitled to claim the refund, so the right to claim the refund is the party.

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