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(영문) 수원지방법원성남지원 2014.07.15 2013가합203747
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found in each entry in Gap evidence 1 and 2 (including branch numbers; hereinafter the same shall apply), for which there is no dispute between the parties or for which the whole purport of the pleadings is considered. A.

On February 1, 2008, the defendant entered into a contract with the non-party C and D on the condition that the lease deposit is KRW 200 million with respect to the non-party E 208 Dong-dong 804 (hereinafter "the apartment of this case") in Seongbuk-gu, Sungnam-si (hereinafter "the apartment of this case"), and that the lease term is set from April 16, 2008 to April 15, 201 (hereinafter "the lease contract of this case") and paid KRW 20 million on the same day the down payment and KRW 180 million remaining on April 16, 2008, respectively.

B. The instant lease agreement was renewed once, and terminated on April 15, 2012, and the instant apartment was delivered to C and D on March 29, 2012.

2. The summary of the Plaintiff’s assertion is that the Defendant, as his father, lent only the name of the lessee to the Plaintiff as a tax issue with respect to the instant lease contract, and the actual lessee of the instant apartment is the Plaintiff, and that the lessor, C, and D also knew such fact. In fact, the Plaintiff and the Plaintiff’s wife resided in the instant apartment and delivered it to C and D after the termination of the lease. At the time of the conclusion of the instant lease contract, the Defendant agreed to transfer the right to claim the return of the lease deposit to the Plaintiff upon the termination of the instant lease contract between the Plaintiff. As long as the instant lease contract was terminated on April 15, 2012, Defendant B is obligated to transfer the right to claim the return of the lease deposit to the Plaintiff.

3. Determination

(a) who is the party to the contract constitutes a matter of interpretation of the intent of the party involved in the contract.

The interpretation of a declaration of intention clearly establishes the objective meaning which the parties have given to the display act, and any contract between the parties.

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