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(영문) 수원지방법원 안산지원 2017.02.10 2016가단1274
전세보증금 반환
Text

1. The defendant shall pay 37,500,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Facts of recognition;

A. The plaintiff and the non-party C are married around 2006 and maintaining the legal marital relationship until now. The defendant is the father and the plaintiff's mother and the plaintiff's mother.

B. On December 4, 2006, the Plaintiff and C concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 45,00,000,000, and the term of lease from December 22, 2006 to December 22, 2008, with respect to multi-household housing of 301 (hereinafter “multi-household housing of this case”) from the 4th floor located in Ansan-gu, Y-gu, Ansan-si (hereinafter “multi-household housing of this case”).

C. The Plaintiff and C paid KRW 45,000,000 to the Defendant around that time, and began to reside in the instant lease building.

The instant lease agreement was explicitly renewed around December 2008 and around December 2012, 2010, when the two-year lease term expires consecutively.

E. At the Defendant’s request, the Plaintiff managed the instant multi-household housing, and kept the Defendant’s seal for the management thereof.

F. Around April 2012, the Defendant requested the Plaintiff to lend money using a low interest rate in the event that the Plaintiff received a loan from a financial institution for lease on a deposit basis.

G. On April 16, 2012, upon the Defendant’s request, the Plaintiff, alone with the Defendant’s consent, drafted a lease agreement on the building of this case (hereinafter “instant lease agreement”). The said agreement is written as follows from April 16, 2012 to April 15, 2014: (a) the lessor, the lessee, the Plaintiff, the lease deposit amount of KRW 60,000,00; and (b) the lease term of KRW 60,000 to April 16, 2012.

The defendant asserts that the above contract does not have been prepared, and actually the above contract is prepared by the plaintiff alone, but the preparation of the document must be signed or sealed by the person who prepared it.

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