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(영문) 대전지방법원 2017.04.28 2016나6567
임대차보증금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On December 10, 2009, the Defendant and C concluded a lease agreement with regard to the 592 square meters of Pyeongtaek-si D, the 592 square meters of the above ground light steel structure, and 139.55 square meters of the 139.5 square meters of the single-story farm housing (hereinafter “the instant building”). The main contents are as follows.

Bo evidence : 20 million won per month: the lease period of 1.2 million won per month: from April 1, 2010 to March 31, 2012

On March 17, 2010, the Plaintiff paid KRW 10 million to the Defendant, and on March 23, 2010, transferred the instant building to the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4-2, Eul evidence 1, the purport of the whole pleadings

2. The Plaintiff asserts that he leased part of the instant building from the Defendant, and sought a refund of the deposit amount of KRW 10 million that the Plaintiff paid to the Defendant.

However, it is insufficient to recognize the fact that the Plaintiff and the Defendant entered into a lease agreement on part of the instant building solely with the descriptions of the evidence Nos. 1 and 6.

The Plaintiff’s claim based on the premise that the Plaintiff leased part of the instant building from the Defendant is not accepted without further need for determination.

3. Thus, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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