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(영문) 울산지방법원 2015.12.17 2015나22182

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. On June 11, 2014, the Plaintiff leased D301, Ulsan-gun, Ulsan-gun, C (hereinafter “instant real estate”) with a deposit of KRW 5 million, KRW 350,000,000, KRW 350,000, and the period from June 11, 2014 to June 10, 2015 (hereinafter “instant lease agreement”), and the said lease agreement stipulates that “The factory room during the lease period is responsible for by the lessee, and the expenses incurred during his/her term of office (monthly brokerage commission) shall be borne by the lessee.”

After that, the Plaintiff paid the security deposit under the instant lease agreement to C.

B. The Defendant purchased the instant real estate from C, and completed the registration of ownership transfer on July 24, 2014.

C. On October 9, 2014, the Plaintiff delivered the instant real estate to the Defendant. On October 22, 2014, following the receipt of the application for the instant payment order, the Defendant paid KRW 4,70,000,000,000, after deducting three million in the name of brokerage commission incurred in replacement of the instant real estate at KRW 5,000,000, from the deposit, to the Plaintiff as a repayment for the security deposit.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. The Defendant asserted that the Plaintiff purchased the instant real estate from C, thereby succeeding to the lessor’s status of the instant lease agreement.

After the Defendant succeeded to the status of lessor, the instant lease agreement was terminated upon the agreement between the Plaintiff and the Defendant.

Therefore, the defendant is liable to pay the plaintiff a deposit of 5 million won, but only 4.7 million won out of them were paid to the plaintiff, and the defendant is liable to pay the remaining deposit of 300,000 won and delay damages to the plaintiff.

(The plaintiff received 4.7 million won from the defendant after receiving the application for the payment order of this case, but did not reduce the claim(s). (B)

Judgment

The real estate of this case.