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(영문) 서울고등법원 2014.10.31 2013나2018750

임대차보증금 및 부당이득반환청구의 소

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1. Of the judgment of the court of first instance, the Plaintiff as to Defendant B, C, F, G, D, and E the following amount ordered to be paid:

Reasons

1. Basic facts

A. On January 1, 2009, M Co., Ltd. leased the second floor office of the above building (hereinafter “instant real estate”) from Defendant B, C, F, G, D, and E (hereinafter “Defendant lessor”) for the lease deposit amounting to KRW 400 million, monthly rent amounting to KRW 9 million (excluding value-added tax; hereinafter the same shall apply), from January 1, 2009 to January 1, 201 (hereinafter “instant lease contract”), and from around that time, M Co. paid KRW 400 million to Defendant lessor for the lease deposit amount, and Defendant H Co., Ltd paid the above lease deposit amount to Defendant lessor for the said lease deposit amount to Defendant lessor.

B. After that, M Co., Ltd. was divided and merged with the Plaintiff, and the Plaintiff succeeded to the lessee status under the instant lease agreement and used the instant real estate as the Gangnam Branch of the Plaintiff.

C. Defendant B promised to increase the number of 12 million won per month to N of the new Gangnam-gu Branch as of November 21, 201, the former head of N, who was appointed as of November 21, 201, by increasing the number of 12 million won per month, but N refused this.

Accordingly, on January 9, 2012, Defendant lessor demanded N to deliver the instant real estate, and sent a written notification (Evidence A No. 6; hereinafter “instant notification”) to the effect that the instant lease is valid if the rent is increased by KRW 12 million per month, by content-certified mail, and reached the Plaintiff around that time.

E. On January 27, 2012, the Plaintiff received the instant notice, and thereafter, on January 27, 2012, the Plaintiff’s increase in rent of KRW 12 million from Defendant lessor on January 27, 201, terminated the instant lease agreement as of February 29, 2012, and the Plaintiff’s deposit amount of KRW 400 million was deposited to the Plaintiff’s account on the date of termination of the agreement, and “the instant reply” (hereinafter referred to as “instant reply”).