임대보증금반환
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Basic Facts
A. The Defendant and the Defendant’s wife leased and resided in 303 and 403 of the dura, the dura, the dura connected to stairs among the above Dora, Seo-gu, Gwangju. On November 28, 2013, the lease agreement (Evidence 1) prepared at the time of the conclusion of the instant lease agreement (No. 403), in the form of closing the connected stairs between the 3rd and the 4th floor, entered the leased object as “DB 404,” but it appears that the leased object was a clerical error in the “DB 403.”
(hereinafter “the instant building”) concluded a sublease contract with the Plaintiff and the Plaintiff’s wife F to sublet the lease deposit of KRW 10 million, monthly rent of KRW 350,000 (payment on November 30), the lease term from November 29, 2013 to November 29, 2014.
(hereinafter “instant lease agreement”). B.
On March 2014, the Plaintiff and F, together with the instant building, agreed upon the instant lease agreement with the Defendant and C, and delivered the instant building to the Defendant and C on March 11, 2014.
C. Before and after the delivery date of the instant building, the Defendant paid F KRW 6,945,00 after deducting the rent and management fee in arrears from the lease deposit amounting to KRW 10 million.
On the other hand, the Gwangju Family Court rendered a judgment on August 28, 2015 that "F and the plaintiff shall divorce. The plaintiff shall pay consolation money of KRW 12 million to F and delay damages therefor."
[2] In the absence of dispute, the Plaintiff asserted the following facts: (a) evidence No. 4; (b) evidence No. 1; and (c) evidence No. 1; (d) testimony of the witness F of the trial party; and (c) the purport of the whole pleadings; (b) the Plaintiff, the lessee of the instant lease agreement, paid KRW 10 million to the Defendant, the lessor, who is the actual lessee of the instant lease agreement; and (c) delivered the instant building to the Defendant following a decision to terminate the instant lease agreement.