임대차보증금
1. The Defendant’s KRW 5,200,000 as well as its annual 6% from September 22, 2019 to July 16, 2020, respectively, to the Plaintiff.
1. Basic facts
A. On April 22, 2013, the Plaintiff concluded a lease agreement with the Defendant’s mother D (hereinafter “the deceased”) under the Plaintiff’s mother C’s name, and with respect to the Plaintiff’s land E-owned by the Defendant and the Deceased (hereinafter “instant building”).
The Plaintiff was engaged in restaurant business in the name of “F” in the instant building.
On April 22, 2016, the Plaintiff entered into a lease agreement with the deceased and the building of this case with a deposit of KRW 20 million, KRW 1.2 million per month, and the contract period of the building of this case with two years (hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”), and on May 2, 2016, the Plaintiff registered the business with the name of the Plaintiff as the seat of the building of this case.
B. On June 14, 2019, the Deceased died, and the Defendant was transferred the shares of the Deceased among the instant buildings through division of inherited property by agreement.
C. On August 19, 2019, the Plaintiff removed from the instant building, and operated a restaurant with the same trade name in the vicinity.
On September 20, 2019, the Plaintiff remitted 3.6 million won to the Defendant for a monthly rent of three months, and on September 21, 2019, the Plaintiff sent the key to the instant building to the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 3-2, 3-3, Gap evidence 5 and 7, the purport of the whole pleadings
2. Determination:
A. The Plaintiff’s assertion 1 of the parties asserted that the instant lease contract was renewed, and occupied and used the instant building. Around 2018, the Plaintiff was refused to conclude a new lease contract with the Deceased on the ground that he/she had a person to take over the building of the instant building. On May 2019, the Plaintiff terminated the instant lease contract to the Deceased and expressed his/her intention to deliver the instant building upon receiving premium from others, and then introduced two lessees of the instant building to the Deceased on May 2019 and June 2019, but was rejected.