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(영문) 수원지방법원성남지원 2016.07.14 2015가단36630
소유권확인
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1. Attached list;

1. A lease agreement entered into on March 25, 2015 between E and F with respect to the stated real estate.

Reasons

1. As to the claim for confirmation of existence of the claim

A. Basic facts 1 The Plaintiff, on March 25, 2015, shall list the attached list on behalf of the East F.

1. As to the registered real estate (hereinafter “the instant apartment”), the lease agreement was concluded between E and E, the owner of which is KRW 130 million, and the monthly rent of KRW 200,000 (hereinafter “instant lease agreement”).

2) On April 21, 2015, F died on April 21, 2015, and Defendant B (C), Defendant C, and D (children) jointly inherited F’s property. B. The Plaintiff’s assertion 1) concluded the instant lease agreement by lending the name of F, and the Plaintiff was actually created by the Plaintiff, and thus, the said lease deposit was returned to the Plaintiff.

2) The Defendants ① cannot be deemed as the actual lessee of the instant apartment. ② Even if the Plaintiff is the actual lessee, the Plaintiff is an apartment house owned by F immediately before F’s death (H apartment 417 Dong 1401, hereinafter “H apartment”).

(C) As the Plaintiff collected KRW 130 million from the proceeds of sale, the lease deposit under the instant lease agreement ought to be reverted to the Defendants. C. 1) In light of the following circumstances as the lessee of the instant lease agreement, it is reasonable to view the Plaintiff as the actual lessee who entered into the instant lease agreement by lending the name of F.

Therefore, the claim for the refund of the above lease deposit should be considered to be the Plaintiff.

① After entering into the instant lease agreement, the Plaintiff filed a move-in report on April 15, 2015, and resided in the instant apartment.

On the other hand, the F or the Defendants did not have resided in the apartment of this case.

② Under the instant lease agreement, rent was also paid from the Plaintiff’s account.

③ From April 2012 to the date of the death of F, F had been gratuitously residing in an apartment owned by the Plaintiff (I apartment No. 106, 2001, hereinafter “I apartment”) with the Plaintiff’s consideration.

The economy of this F.

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