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(영문) 의정부지방법원고양지원 2015.08.21 2014가단39131
양수금
Text

1. The claim of this case is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 25, 2013, the Defendant entered into a lease agreement and entered into an initial lease agreement with Nonparty C, and entered and possessed two copies of the lease agreement, respectively, written from November 15, 2013 to November 14, 2015, respectively, as to Nos. 207 and 404 of the Seo-gu Incheon, Seo-gu, Incheon, as a broker of the D Licensed Real Estate Agent Office E and the F Licensed Real Estate Agent Office G among the Defendant’s private individuals.

B. However, the portion of “24 months” in the context of the term of the lease agreement held by C is corrected to 12 months, the said G is marked, and the portion of “14 November 2015” is corrected to “ November 14, 2014.” and the said G and E’s seal is affixed.

C. The payment of deposit and C’s eviction paid KRW 36,00,000 to the Defendant on November 15, 2013, which is the date of the said contract, and the outstanding deposit amount of KRW 36,00,000,000, which is the remainder of the deposit, around November 15, 2013, the date of the said contract, and notified the Defendant of the fact that the lease contract was terminated on November 2014, while residing in the instant real estate from around that time, it had been unpaid for seven months, and that the lease contract was terminated.

On November 29, 2013, C transferred to the Plaintiff the claim for the refund of the lease deposit against the Defendant, and the Plaintiff notified the Defendant of the transfer on behalf of C.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1, the purport of the whole pleadings

2. The plaintiff asserts that the term of lease under the instant lease agreement was changed from November 15, 2013 to 12 months, and since C transferred the instant real estate, the defendant is obligated to pay 34,400,000 won, deducting the overdue rent from the deposit, to the plaintiff who acquired the claim to return the lease deposit.

As to this, the Defendant shall set the lease term of the instant lease agreement as 24 months, November 15, 2015.

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