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(영문) 울산지방법원 2017.03.29 2016나1199
임대차보증금반환
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On August 1, 2002, the Plaintiff transferred a move-in report on D apartment 302, Suwon-gu, Busan (hereinafter “the instant apartment”) on March 4, 2005, and transferred the said apartment again on March 8, 2006, and transferred on September 12, 2006.

B. On December 30, 2005, E died, and the Defendants (Defendant B: wife, Defendant C: children) succeeded to E.

[Ground of recognition] The entry of Gap evidence No. 1, the inquiry result of the first instance court's Fdong Resident Center, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s Dong G entered into a lease agreement with E on October 2001, and resided with H, the Plaintiff’s mother, who was the Plaintiff’s mother, but the Plaintiff completed the move-in report on the instant apartment on August 1, 2002 and resided together with the move-in report.

On August 2003, G and H came to move to the apartment of this case. On August 29, 2003, the Plaintiff entered into a lease contract with E on August 29, 2003, and paid the deposit to 15,000,000, and resided in the apartment of this case. Since then, the deposit for lease was increased to 17,00,000 won.

On November 29, 2007, the Plaintiff terminated the lease contract at the request of the Defendants, and delivered the instant apartment to the Defendants, so the Defendants are obligated to refund the lease deposit to the Plaintiff according to their respective inheritance shares.

B. On October 22, 2001, the Defendants E entered into a lease agreement with H on the apartment of this case. On November 28, 2007, the Defendants paid KRW 17,000,000 in total, and KRW 17,000,000 in total, on March 7, 200,000 in the same year and returned the lease deposit to H.

3. Determination on the cause of the claim

A. The Plaintiff asserted that he concluded a lease agreement with E on August 29, 2003 and paid a security deposit. Thus, the evidence No. 4, consistent with the Plaintiff’s assertion, did not agree to submit the above certificate in lieu of the original document, which is the copy, to the Defendants, and the identity with the original document and the original document.

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