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Reasons
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(영문) 의정부지방법원 2016.11.04 2015가단25747
양수금
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1. The plaintiffs' claims against defendant F are dismissed.

2. The plaintiffs' claim against Defendant G is dismissed.

3...

Reasons

1. Facts of recognition;

A. On July 15, 2006, Defendant F entered into a lease agreement (hereinafter “instant lease agreement”) with J on the building listed in the separate sheet (hereinafter “instant apartment”) in the name of H Co., Ltd. (hereinafter “H”), setting the lease agreement as KRW 30 million, monthly rent, KRW 600,000,000, and KRW 24 months from the delivery date.

B. On July 19, 2006, Defendant G purchased the instant apartment from J on July 19, 2006 and completed the registration of ownership transfer on August 4, 2006, and succeeded to the instant lease agreement.

C. On August 1, 2008, the instant lease agreement was renewed by increasing the monthly rent of KRW 850,000. In other words, upon renewal of the instant lease agreement on August 1, 2010, the lessee’s name was changed to Defendant F. The lessee’s name was changed to KRW 950,00,000. On August 1, 2012, Defendant F is currently occupying the instant apartment.

A on July 15, 2015, H acquired the right to return the lease deposit amount of KRW 30 million with respect to the instant apartment from H, and on July 16, 2015, H notified this to Defendant G.

E. A died on September 28, 2015 while the instant lawsuit was pending, and Plaintiff C, D, and E, the wife, succeeded to the property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1, 5, 6, 7 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The assertion and judgment

A. (1) The plaintiffs' assertion (1) that the lease contract of this case was made by A, the representative of I Co., Ltd. (hereinafter "I") to lend money to the defendant F and made the defendant F to enter into a lease contract under the name of the company and let the defendant F reside in the apartment of this case. The lessee of the lease contract of this case was I, and the defendant F without permission changed the name of the tenant to himself.

After that, the security deposit for the instant lease contract from H. 3.

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