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(영문) 대전지방법원천안지원 2019.07.10 2019가단100215
임대차보증금
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. On October 10, 2015, the Defendants concluded a lease agreement with the Plaintiff’s husband F to lease the instant real estate with the period of KRW 150 million, and the period of November 21, 2015, with the Plaintiff’s husband F as the co-owner of the building E (hereinafter “instant real estate”).

F paid the above security deposit to the Defendants and resided in the said real estate together with the Plaintiff.

B. On December 4, 2017, at the request of the Plaintiff and F, the Defendants drafted a lease agreement under which the name of the lessee of the instant real estate was changed to the Plaintiff. On December 12, 2017, the Defendants decided to increase the deposit amount of the instant real estate in KRW 5 million, and drafted a lease agreement between the Plaintiff and the Plaintiff on a deposit of KRW 150 million (hereinafter “instant deposit”) and the period from December 13, 2017 to 24 months.

The Plaintiff paid the Defendants the increased deposit amount of KRW 5 million.

C. Meanwhile, on March 6, 2018, G limited liability company (hereinafter “foreign limited liability company”) received a seizure and collection order (hereinafter “instant seizure and collection order”) against the amount of money up to the above claim among the lease deposit repayment claims the F and the Defendants under a lease agreement between F and the Defendants on the instant real estate as the debtor F, the garnishee, the Defendants, the amount claimed as KRW 66,747,924, under the Goyang-gu District Court Branch 2018, J. 2018. The above seizure and collection order were served on the Defendants on March 29, 2018.

The above lease agreement was terminated, and on December 31, 2018, the Plaintiff delivered the instant real estate to the Defendants.

On the same day, the Defendants paid to the Plaintiff the remainder of KRW 66,747,924 from KRW 1550 million minus the deposit amount of KRW 66,747,924. On January 2, 2019, the Defendants paid KRW 66,747,924 to Nonparty Company.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 1-4, Eul evidence 6, the purport of the whole pleadings

2. The assertion; and

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