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(영문) 서울동부지방법원 2015.02.04 2014가단117336

보증금반환

Text

1. The Defendant’s KRW 16,007,593 as well as the Plaintiff’s annual rate from July 8, 2014 to February 4, 2015.

Reasons

1. Basic facts

A. On June 2012, the Defendant sold the first floor No. 109 (hereinafter “instant store”) of D Main Building No. 109 (hereinafter “instant store”) located in Namyang-si B and C from the public co-ownership of the Co., Ltd.

B. On July 23, 2012, prior to the completion of the registration of ownership transfer in the instant store, the Plaintiff (Lessee, and the name prior to the change on April 8, 2013) and the Defendant (Lessee) concluded a lease agreement with the Defendant (hereinafter “instant lease agreement”) setting the remainder amount of KRW 50 million after 7 days of the contract, and the remainder of KRW 40 million after 7 days of the contract, and KRW 2.5 million of the rent, and two years after the transfer of the Defendant’s ownership in the future (hereinafter “instant lease agreement”). The Plaintiff paid the Defendant a down payment of KRW 50 million on July 23, 2012, which is the date of the contract, and KRW 50 million of the intermediate payment of KRW 50 million on July 30, 2012, respectively.

C. On May 16, 2013, a separate public corporation completed the registration of ownership preservation for the store of this case, and the same year.

6. 19. The registration of ownership transfer was completed in the future of the defendant.

Although the registration of ownership transfer was completed for the instant store, the Plaintiff delayed the payment of the remainder of the lease deposit amount of KRW 40 million under the instant lease agreement. On July 23, 2013, the Defendant expressed his/her intent to revoke the instant lease agreement to the Plaintiff by mail proving the content of the lease agreement.

E. Accordingly, on July 24, 2013, the Plaintiff expressed his/her intent to maintain the instant lease agreement to the Defendant by mail with content-certified mail, and paid the remainder of KRW 40 million to the Defendant on August 27, 2013, but did not fully pay the rent and management fee under the instant lease agreement despite the Defendant’s demand to repeat the lease agreement.

F. The Plaintiff expressed his intent to terminate the instant lease contract through the instant complaint, and the Defendant has received the instant written answer.