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(영문) 서울중앙지방법원 2017.04.26 2016가단141507

임대차보증금

Text

1. The Defendant shall pay to the Plaintiff KRW 26,00,000 and the interest rate of KRW 15% per annum from October 14, 2016 to the date of full payment.

Reasons

Basic Facts

On April 9, 2014, the Plaintiff entered into a housing lease agreement between C and three other parties, setting a deposit of 30,000,000,000 monthly rent of 80,000, and the lease period of 2nd floor of 2nd floor among the housing of 2nd floor (hereinafter “instant housing”) in Jongno-gu Seoul, Jongno-gu Seoul Metropolitan Government Da ground brick Corbromo-bro (hereinafter “instant housing”) as 30,00,000, monthly rent of 80,000, and the lease period of 2 years until April 8, 2016, while residing in the instant housing and residing in the instant housing and engaged in the business of restauranting E from among the housing of 4th floor of reinforced concrete slabbro-bro (hereinafter “instant building”).

C Non-Party C sold the instant housing and building and its land to the Defendant and the ownership transfer registration was completed on January 7, 2016.

Around January 18, 2016, the Defendant notified the Plaintiff that the repair work of the instant building was planned, and thereafter, the Plaintiff was punished for disputes regarding the delivery of the instant building, and the Seoul Central District Court Decision 2016Da5083538 Decided December 6, 2016 declared that the Defendant ordered the Plaintiff to transfer the part of the first floor restaurant possessed by the Plaintiff among the instant building on December 6, 2016, and the appeal procedure is currently underway.

[Ground of recognition] There is no dispute, Gap evidence 1, Gap evidence 2-1, 2, Eul evidence 1 through 5 (including paper numbers) and the purport of the whole pleadings.

According to the facts of recognition of the right to claim a return of deposit for the determination of the cause of claim, the lessor status of the lease contract for the second floor of this case succeeded to the Defendant who acquired the instant house pursuant to Article 3(4) of the Housing Lease Protection Act, and the lease contract for the second floor of this case between the Plaintiff and the Defendant terminated on April 8, 2016, barring any special circumstance, the Defendant is liable to pay the Plaintiff the amount calculated by deducting the rental fees, etc. unpaid from the rental deposit.

(a) contracts;