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(영문) 서울서부지방법원 2014.08.14 2014나738
보증금반환
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The third floor of Mapo-gu Seoul Metropolitan Government (hereinafter “instant real estate”) among the buildings owned C is composed of one large room, two small room, and one living room. A total of eight persons occupied each part of the respective one/2 of the school living room, and lived in the form of “Hassssp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp

B. Upon the termination of the lease contract between C and the former lessee, the Defendant, by itself as the lessee, proposed seven persons, including E, to continue to reside in the instant real estate and to live together. While the Defendant formally is in the position of a sub-lease to seven other co-residents, the Defendant, considering that the substance of the lease contract between C and the lessor is just one of the co-residents, as in other co-residents, determined equal sharing between the lessor C and the Defendant. Since the terms of the lease contract between C were KRW 10,000,000 and KRW 80,000,000 among each deposit, the Plaintiff agreed to transfer the lease contract between the lessor and the former and the former to freely move to the former for the same period, taking into account the fact that the lease contract between C and the latter were more than 1,60,000,000 among the deposit and KRW 160,000,000 among the monthly rent, six of the user deposit and KRW 80,000,00 among the rent.

C. Accordingly, the defendant is from seven other co-residents, such as E, etc.

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