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(영문) 서울중앙지방법원 2014.11.27 2014가합534584

임대차보증금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 6, 2010, the Plaintiff entered into a lease agreement with the Defendants on the lease deposit amounting to KRW 200 million (hereinafter “instant lease agreement”) and from March 31, 2010 to March 30, 2012 with the term of lease deposit amounting to KRW 100 million (hereinafter “instant real estate”). At that time, the Plaintiff received delivery of the instant real estate by paying KRW 200 million to the Defendants.

After that, on March 31, 2012, the Plaintiff and the Defendants renewed the instant lease agreement from March 30, 2012 to March 29, 2014, and set the lease deposit amount at KRW 220 million. Accordingly, the Plaintiff paid the Defendants KRW 20 million.

B. On March 14, 2014, the Plaintiff entered into a sales contract with E to purchase (hereinafter “instant sales contract”) No. 106 Dong-dong 1106, Dongjak-gu Seoul Metropolitan Government (hereinafter “instant sales contract”) and notified the Defendants of the purport that the instant lease contract will not be renewed by notifying the Defendants of the fact that the instant sales contract was concluded through text messages.

C. After that, on May 19, 2014, the Plaintiff delivered the instant real estate to the Defendants. On May 23, 2014, the Defendants deposited KRW 20,684, a total of KRW 220,695,104,104, with the Seoul Central District Court’s Deposit KRW 10846, a deposit for lease deposit 220,000,000 on the grounds of the Plaintiff’s refusal to receive the payment on May 23, 2014 pursuant to Article 487 of the Civil Act, as the date of delivery of the instant real estate from May 19, 2014 to May 23, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. The Plaintiff asserted on March 29, 2014, which is the expiration date of the instant lease agreement.

참조조문