임대차보증금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 20, 2009, the Plaintiff and the Defendant entered into a lease agreement with respect to the portion of the commercial building D (hereinafter “instant building”) among the building C in the Gu-U.S. Si’s land (hereinafter “instant building”) 50,000,000 (hereinafter “the first lease deposit”) and the lease agreement (hereinafter “instant lease agreement”) that is entered as 24 months during the lease period.
B. Around March 8, 2009, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant second lease agreement”) with respect to the housing E portion (hereinafter “instant building”) among the land-based buildings in the Gu-U.S.-si (hereinafter “instant building”) in terms of KRW 70,000,000, and the lease agreement (hereinafter “instant second lease agreement”) in terms of the lease period of KRW 36 months.
C. On August 30, 201, the Plaintiff and the Defendant entered into a lease agreement with the Defendant stating KRW 30,000,000 (hereinafter “third lease deposit”) as to Kimcheon-si F, G ground stable 120 square meters (hereinafter “third building”). The lease agreement (hereinafter “third lease agreement of this case”) that is entered as the lease period of 60 months.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (if available, including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion (i.e., the instant 1 and 2 lease agreement expired. Since the instant 3 lease agreement was de facto terminated since the Defendant prohibited the Plaintiff from entering the instant 3 building, the Defendant is obligated to return the total amount of KRW 150 million to the Plaintiff.
D. The sum of KRW 120,000,000,000,000 for the first and second lease deposits of this case, shall be KRW 10,000,000,000,000,000 in cash, by depositing the checks to the Defendant in the account in the name of the Defendant around September 25, 2009, by means of depositing the checks to the Defendant around September 25, 2009