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(영문) 의정부지방법원 2019.07.09 2018나215115
임대차보증금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. C was established on October 9, 2008, and the Plaintiff was dissolved from October 9, 2008 to December 8, 2014.

B. On April 21, 2012, C Co., Ltd. entered into a contract on the lease of 10 million won of deposit, 750,000 won of monthly rent, and 2 years from June 5, 2012, the Plaintiff signed on the lessee column of the contract.

C. Around May 2014, Co., Ltd. entered into a contract with G for the lease of H apartment I (hereinafter “H apartment”) to KRW 10 million in a deposit, etc. Around that time, the Plaintiff paid KRW 10 million to G.

On April 23, 2016, the Defendant’s mother-friendlyJ, representing the Defendant, entered into a contract by K to lease the J apartment M (hereinafter “L apartment”) from K for the Government-Si (hereinafter “L apartment”) with a deposit of KRW 10 million, monthly rent of KRW 500,000 (hereinafter “instant lease contract”). On June 7, 2016, K entered into a receipt to the Defendant that K received the Defendant a deposit of KRW 10 million and KRW 50,050,000,000 in total, monthly rent of KRW 10,000 and KRW 50,000,000 in advance.

E. On May 20, 2012, the Plaintiff married with the Defendant’s mother-friendlyJ, but was married by agreement around May 20, 2012, and the Plaintiff was married with the Defendant, the Defendant, the former husband, and the Defendant, the former husband, who had resided with the Defendant, and the former husband.

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) concluded a lease agreement with G in 2012 and 2014 with the name of C, a stock company at which the Plaintiff was in office as a director, with the Plaintiff at KRW 10 million.

Afterwards, the Plaintiff was aware that the instant lease agreement was concluded in the name of the Plaintiff in the process of becoming a L apartment in H apartment in 2016, but the Defendant received KRW 10 million as deposit money for H apartment through the Defendant’s mother J, and thereafter, K and this is under the name of the Defendant.

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