임대차보증금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for any addition or supplementary decision as follows. Thus, it is acceptable in accordance with the main sentence of Article 420
2. Additional or supplementary judgment
A. The gist of the Defendant’s assertion is that, since the Plaintiff entered into a lease agreement with the owner E, F, and G who is not the Defendant, the Plaintiff shall receive the lease deposit from E, etc. who received the money in consultation with the real estate broker or seek a new lessee to return the lease deposit.
B. In full view of the written evidence Nos. 1 through 4, the following facts are revealed: (a) one of the co-owners of the instant real estate entered into a lease agreement with the Plaintiff on March 19, 2016; (b) the Plaintiff and E entered into a contract for the same terms and conditions as the instant lease agreement with the Plaintiff on March 19, 2016; (c) the Plaintiff and E agreed to make a new lease agreement with the buyer and the Plaintiff on the payment of the remainder of the lease deposit; (d) the Plaintiff entered into a new lease agreement with the Defendant, the purchaser of the instant real estate, in paying the remainder of the lease deposit to E by remitting the lease deposit to F on May 12, 2016; and (e) the Defendant received KRW 235 million from the Plaintiff on December 17, 2017.
According to the above facts, the Defendant’s purchase of the instant real estate from E, etc. appropriated the lease deposit received by E from the Plaintiff for the purchase price, but the Defendant decided to return it to the Plaintiff upon the expiration of the lease term and concluded the instant lease contract with the Plaintiff. Since the instant lease contract was terminated upon the expiration of the lease term, the Defendant is obligated to return the lease deposit to the Plaintiff.