임대차보증금반환 등
1. The plaintiff's claim against the defendant's prote real estate trust company is dismissed.
2. The defendant corporation.
1. As to the claim against the defendant's living real estate trust
A. On October 15, 2010, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant Product Housing Construction Co., Ltd. (hereinafter “Defendant Product Housing Construction”) under which the lease agreement was entered into between the Plaintiff and Defendant Product Housing Construction (hereinafter “Defendant Product Housing Construction”) with the lease deposit amounting to KRW 52 million on the left side of the first floor (hereinafter “instant real estate”) of the Seoul Dongjak-gu Seoul Metropolitan Government Land Construction, and the lease period from October 19, 2010 to October 18, 2012 (hereinafter “instant lease agreement”).
(2) The instant real estate was owned by Defendant Product Housing, and the registration of ownership transfer was completed on November 18, 2009 by Defendant Product Real Estate Trust Co., Ltd. (hereinafter “Defendant Product Real Estate Trust”) on the instant real estate based on trust.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
B. (1) The Plaintiff asserts that, as the Defendant’s New Real Estate Trust was entitled to lease the instant real estate as its owner and signed and sealed the instant lease agreement (hereinafter “instant lease agreement”) at the time of the instant lease agreement, the Defendant’s New Real Estate Trust constitutes a lessor of the instant lease agreement. Therefore, the Defendant’s New Real Estate Trust is obligated to pay the Plaintiff the lease deposit amount of KRW 52 million, the boiler repair cost of KRW 416,500, and damages for delay on each of the said money, in accordance with the instant lease agreement.
According to the evidence No. 1 of this case, at the time of entering into this case’s lease agreement, the Defendant’s living real estate trust as well as the Plaintiff and Defendant’s living real estate trust was signed and sealed on the instant lease agreement. However, Defendant’s living real estate trust is signed and sealed on the owner’s status.