임대차보증금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. Between the Defendant and the Defendant on June 27, 2013, C entered into a sales contract with the effect that C sells the purchase price of KRW 620 million of the building 103 Dong 1302 of Songpa-gu Seoul (hereinafter “instant real estate”) to the Defendant, but the down payment of KRW 60 million is KRW 250 million on the date of the contract, the intermediate payment of KRW 250 million on July 31, 2013; and the remainder of KRW 310 million on September 4, 2013 (hereinafter “instant sales contract”); on the same day, the Defendant paid KRW 60 million to C the down payment.
B. (1) On July 10, 2013, the Defendant paid C only an intermediate payment of KRW 250 million to C, and received the registration of ownership transfer for the instant real estate from the Defendant.
(2) On the same day, the Plaintiff, as the wife of C, entered into a lease agreement with the lessee, the Defendant, the lessor, the lease deposit amount of KRW 310 million, and the lease term from July 10, 2013 to September 4, 2013 (hereinafter “instant lease agreement”). The Plaintiff, the Defendant, and C, without receiving actual money, agreed to be paid KRW 310 million from the Plaintiff on July 10, 2013, instead of avoiding the Defendant’s payment of the remainder of the lease deposit amount of KRW 310 million to C.
C. On September 4, 2013, the Plaintiff handed over the instant real estate to the Defendant, and the Defendant returned to the Plaintiff KRW 182 million out of the lease deposit KRW 310 million.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 6, the purport of the whole pleadings
2. Determination
A. According to the fact that the obligation to return the lease deposit was created, the Defendant is obligated to return the remainder of the lease deposit (i.e., KRW 128 million - KRW 182 million - KRW 100 million ; hereinafter “the remainder of the deposit”) to the Plaintiff, the lessee, upon the expiration of the term of validity of the instant lease contract.
B. As to the defendant's allegation that the lease agreement is invalid.