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(영문) 서울동부지방법원 2016.04.27 2015가합5277

임대차보증금

Text

1. The defendant,

A. From February 2, 2016 to Plaintiff A, KRW 124,464,034 and its related amount:

B. Plaintiff B is KRW 180 million.

Reasons

Facts of recognition

The Plaintiffs concluded a lease agreement with the Defendant regarding the Gangdong-gu Seoul E-B lending (hereinafter “instant lending”) owned by the Defendant as indicated below.

Plaintiff

On August 26, 2013, the lease term of the leased object A, which was the date of the instant contract, was KRW 180,000,000 from October 18, 2013 to October 18, 2015, B, 2013, KRW 40.18,000,000,000 from December 26, 2013 to December 26, 2015, KRW 402,18,000,000,000,000,000 to December 5, 2013, 2013, the instant loan, KRW 402,18,00,00,00,00 to December 9, 2013, the court commenced the auction procedure for the instant loan.

On July 6, 2015, the Plaintiffs notified the Defendant that each of the above lease agreements was terminated on the ground that the Defendant could not receive the refund of the lease deposit as the auction of the instant lending was conducted.

Plaintiff

A received a demand for distribution of KRW 55,535,966 as a lessee of the fixed date in the above auction case.

Plaintiff

A on February 1, 2016, and on December 19, 2015, Plaintiff B delivered each of the instant loan No. 401 to the highest price buyer, respectively. Plaintiff C awarded a contract for the instant loan No. 402 and paid the purchase price in full on December 2015.

[Reasons for recognition] According to the above facts of recognition under Article 150(3) of the Civil Procedure Act, each of the above lease agreements was lawfully terminated according to the plaintiffs' declaration of termination due to the impossibility of performance of the defendant's obligation to provide the leased object due to the impossibility of delivery by others or the plaintiff C of the leased object.

Therefore, the Defendant: (i) the remainder of the lease deposit KRW 124,464,034 (i.e., KRW 180 million - dividends of KRW 55,535,966) from February 2, 2016, following the delivery date; (ii) the lease deposit KRW 180,000 to Plaintiff B; and (iii) from December 20, 2015, following the delivery date; and (iv) the date the Plaintiff acquired the ownership of KRW 180,000,000 for the lease deposit and its ownership against Plaintiff C.