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(영문) 서울중앙지방법원 2018.11.22 2018가단5045561
임대차보증금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On October 21, 2015, the Plaintiff entered into a lease agreement with the second floor of the building located in Seoul, Gangnam-gu (hereinafter “instant real estate”) and paid the full amount of the deposit to B by setting the lease deposit amount of KRW 280,000,000 (hereinafter “instant lease agreement”).

B. The instant lease agreement was terminated on November 8, 2017.

B returned KRW 200,000,000 to the Plaintiff on the same day, and the remaining KRW 80,000,000 paid to the Plaintiff on November 20, 2017.

C. B died on June 11, 2018 while the instant lawsuit is pending, and Defendant C, who is the husband, Defendant D, and E became co-inheritors.

[Reasons for Recognition] Facts without dispute, each entry of Gap 1 through 3 evidence (including evidence with a serial number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff Defendants, as a lessor, are obligated to return KRW 80,000,000 to the Plaintiff out of the lease deposit amount of KRW 280,000,000, which shall be refunded upon the termination of the instant lease agreement. The Plaintiff and the Plaintiff were liable to return KRW 80,00,000 to the Plaintiff. The Plaintiff and the Plaintiff, at the time, had a dispute over the assignment of claims between the Plaintiff and the Plaintiff at the time, had to make a deposit due to the uncertainty of creditors under Article 487 of the Civil Act, but the Plaintiff paid to the Sewage Entertainment, which are the parties to the dispute at will, was not effective. (2) The Defendants transferred the claim for return of KRW 80,00,000 among the lease deposit of this case to the Plaintiff, and the Plaintiff transferred the claim for return of KRW 80,000,000,000 to the Sewage Entertainment, which is the assignee, to the Plaintiff.

B. Determination 1.

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