beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
On April 25, 2016, the Plaintiff entered into a lease agreement (hereinafter “the first lease agreement”) with respect to the lessor C and the instant apartment E (hereinafter “instant apartment”) with the Chang-gu, Chang-gu, Seoul Special Metropolitan City, with the lease deposit of KRW 240 million from April 28, 2016 to April 27, 2018 (hereinafter “the lease agreement”). The Defendant, the Plaintiff’s living in the instant apartment. On April 28, 2018, F, the Defendant’s spouse, entered into a lease agreement with the lessor C and the instant apartment from April 28, 2018 to April 27, 2020 (hereinafter “2 lease agreement”).
At the time of the conclusion of the second lease agreement, F succeeded to the full amount of the deposit for lease on the basis of the existing lease agreement from the Plaintiff, and the Plaintiff consented thereto and does not raise any objection thereafter. Accordingly, C remitted to F the full amount of the deposit for lease on the basis of the existing lease agreement.
[Grounds] The Plaintiff and his father G (Death on February 9, 2019) asserted that there was no dispute, Gap evidence Nos. 3 and Eul evidence Nos. 1 and the purport of the entire pleadings, and the Plaintiff’s assertion of the purport of the entire pleadings, and the Plaintiff’s father G (Death on February 9, 2019) transferred KRW 200 million out of the deposit for the first lease agreement to the Plaintiff. The Plaintiff transferred the said money to the lessor and the first lease agreement was concluded.
Since then, at the request of the defendant, the lessee was changed to F to F, and the second lease contract was concluded.
Of the lease deposit for the second lease contract, KRW 200 million is inherited property, and the defendant paid the plaintiff the amount of KRW 66 million equivalent to the plaintiff's inheritance shares (1/3). Accordingly, the defendant is obligated to pay the above amount to the plaintiff.
The defendant's assertion G donated the lease deposit of the apartment to the defendant and the above F.
Therefore, the plaintiff's claim is without merit.
Judgment
The evidence submitted by the Plaintiff alone is sufficient.