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Reasons
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(영문) 서울서부지방법원 2014.11.07 2013가단247249
보증금반환
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) is the defendant.

B. Around 200, the Plaintiff entered into a lease agreement with a deposit of KRW 100 million and KRW 250,000 for the instant real estate, and paid KRW 100,000 to Nonparty C who is the Defendant’s mother, and made a move-in report on July 31, 200.

C. On May 31, 2002, the Plaintiff renewed the above lease contract with Nonparty C for a period from July 23, 2002 to 24 months without changing any deposit or monthly rent, and the lessor column prepared a lease contract with the Defendant’s father’s seal impression affixed on the name of the Defendant, the owner, and received the fixed date on June 20, 2002.

(hereinafter hereinafter hereinafter 1)

D. On July 24, 2002, the Plaintiff entered into a lease agreement (No. 2, 2000 won) with Nonparty C with respect to the instant real estate, with the lessor as a four person, who is not the Defendant, from July 24, 2002 to July 24, 2004, with the lease agreement (No. 2, hereinafter the instant lease agreement) from July 24, 2002.

E. Meanwhile, the plaintiff offered to the non-party C as security the lease deposit under the second lease contract of this case and offered it from C on February 18, 2008, and the same year.

5. Upon borrowing KRW 10 million on December 5, 201, KRW 10 million on May 30, 201, KRW 5 million on May 30, 201, and KRW 10 million on December 31, 2012, KRW 65 million on the item column of the instant lease agreement, the said money was entirely stated in the item column of the instant lease agreement, and the Plaintiff’s seal affixed thereon.

F. On May 30, 2012, the Plaintiff and Nonparty C deducted a sum of KRW 15 million from the deposit under the instant second lease contract to Nonparty C on May 30, 2012, and KRW 15 million on December 31, 2012, and corrected the said amount as KRW 35 million.

[Reasons for Recognition] A.

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