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(영문) 서울고등법원 2018.05.25 2018나2011303
임차인 명의변경절차 이행청구 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts under recognition are either in dispute between the parties or in accordance with Gap evidence Nos. 6, 7, and Eul evidence Nos. 8, 12, and 13, the whole purport of the pleadings may be considered as a whole.

[1] The Plaintiff placed Defendant, G, and D as his child.

G died around March 2016.

G was treated by the Seoul Gangseo-dong Hospital as a result of the outbreak of bomb cancer before death.

The Plaintiff was hospitalized in the Seoul Gangseo-gu Hospital and veterans hospital from December 2015 to July 2016, when the Plaintiff was suffering from health conditions during the nursing of G.

[2] From December 2003, the Plaintiff leased the lease deposit amount of KRW 50 million, monthly rent of KRW 1.3 million, and KRW 1.3 million.

On January 11, 2016, the Defendant increased the lease deposit as KRW 100 million, but re-exported the lease deposit as KRW 300 million on April 12, 2016, and stored the difference from the lessee at KRW 250 million in total.

On April 14, 2016, immediately after the Defendant received the increased deposit for the lease of the instant apartment, the Defendant sold the instant apartment to I, his/her father, the Defendant, at the price of KRW 590 million. Of the price, KRW 300,000,000, KRW 300,000,000,000 from the purchase price, I decided to acquire and pay for the repayment of the deposit for lease of KRW 30,000,000,000,000 from the Plaintiff’s account at around that time.

On the other hand, the Plaintiff was living in Gangdong-gu Seoul Metropolitan Government J and 101 (hereinafter “instant JJ house”). However, around April 2016, the Plaintiff terminated the said JJ house lease agreement and kept the deposit KRW 58,50,000,000,000, excluding the deposit amount of KRW 65,500,000,000, which was already received by the Plaintiff.

[3] The Plaintiff’s increase in the deposit for lease of the instant apartment in KRW 250 million, and the actual amount of the purchase price of the instant apartment in KRW 290,000,000 for the purchase price actually received, and the instant JJ house.

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