logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2021.01.28 2020나46308
양수금
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 the appeal.

Reasons

1. Basic facts

A. C on August 7, 2010, leased Eunpyeong-gu Seoul Metropolitan Government E-Stop Fho (hereinafter “instant housing”) and paid a deposit of KRW 25 million to D.

Since that time, G, a south of C, resided in the instant house.

B. On July 17, 2014, the Defendant, who is a father of D, completed the registration of the transfer of ownership on the instant housing on the ground of donation.

(c)

The defendant returned KRW 18 million out of the deposit to C on October 2, 2018, 2018, 【Grounds for Recognition】 The statement in the evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. On October 2, 2018, Plaintiff C handed over the instant house to the Defendant, and transferred the remainder deposit deposit amount of KRW 7 million to the Defendant to the Defendant, South Korea, and notified the Defendant thereof. As such, the Defendant is obliged to pay KRW 7 million to the Plaintiff.

B. On October 2, 2018, Defendant 1 paid KRW 18 million out of the deposit, on condition that Defendant 2 was directors, and the remainder KRW 7 million was expected to be paid after checking the status of the instant house.

G obtained consent from G to treat the remainder of the deposit as the cost of removal, as it did not deduct the beneficiary from the housing of this case, and carried out the shipment by October 8, 2018, and paid KRW 5,760,000 at the expense.

During the residence of G, the Defendant damaged the instant house, and the Defendant spent KRW 5.62 million, thereby restoring the instant house to its original state.

Therefore, the deposit to be returned by the defendant does not remain.

3. The amount equivalent to the secured obligation, which a lessor has against a lessee pursuant to a lease contract, such as liability for compensation for damage caused by destruction or loss of an object, etc., shall be naturally deducted from the security deposit without any separate declaration of intention when the object is returned after the termination of the lease relationship;

B In full view of the purport of the entire pleadings and arguments in the statements or images of evidence as set forth in Nos. 1 to 4, 7, 9, 11, 12, 14, and 15, G is various in the instant housing.

arrow