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(영문) 서울중앙지방법원 2018.07.18 2018나2720

임대차보증금 반환

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 February 27, 2009, the Defendants: (a) leased the Seocho-gu Seoul Metropolitan Government double-story building (hereinafter “instant building”) to C with the lease deposit of KRW 30,000,000; (b) monthly rent of KRW 3,000,000 (excluding value-added tax); and (c) from April 24, 2009 to April 23, 2010.

B. (1) On February 16, 2011, C established the Plaintiff Company, and C and E were appointed as joint representative director and internal director of the Plaintiff Company on April 14, 2011.

C and the Defendants agreed to change the lessee’s name to the Plaintiff Company. On February 16, 2011, the Defendants leased the instant building to the Plaintiff Company by setting the lease deposit amount of KRW 30,000,000, monthly rent of KRW 3,300,000 (excluding value-added tax) and the lease term of April 24, 201 to April 24, 2012.

(hereinafter “the lease of this case”). C.

(1) On March 30, 2012, C resigned from the position of joint representative director and internal director of the Plaintiff Company, and on May 7, 2012, the registration of resignation was completed.

B. On April 13, 2012, the Plaintiff Company transferred to C the claim for the refund of the lease deposit of this case, and the Defendants consented thereto.

(hereinafter referred to as “transfer of claim of this case”). On April 30, 2012, Plaintiff Company transferred the address of its head office to “Seoul Seocho-gu F and third floor” in Seoul Seocho-gu D.

(1) On April 23, 2013, C entered into a lease agreement between the designated party G (No. B’s certificate No. 4 (real estate lease agreement) and the designated party G with regard to the instant building at KRW 30,000,000, monthly, KRW 3,500,000 (excluding value-added tax) and the lease period from April 23, 2013.

B. On February 23, 2015, the Defendants returned KRW 30,000,000 of the lease deposit of this case to C, and C prepared and issued a receipt to the Selection G.

[Reasons for Recognition] The facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Eul evidence 1 to 5, and the purport of the whole pleadings.