보증금반환
1.(a)
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) paid KRW 40,000,000 to the Plaintiff (Counterclaim Defendant) and its related expenses from May 19, 2016 to July 27, 2017.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The summary of the instant lease agreement (total contents are as shown in attached Form 1): 40,000,000 monthly rent: 1,300,000 won (deposit on April 25): From April 26, 2010 to April 25, 2015;
A. On October 20, 2010, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Defendant, setting up a lease agreement with regard to the building located in the Gyeonggi-do, Busan-gu, Busan-do (a 1st floor building consisting of 35.1 square meters, 63.30 square meters, and 40.52 square meters in a 2nd floor; hereinafter “instant building”) and its site as follows.
B. The Plaintiff paid KRW 40,000,000 to the Defendant, and received the instant building from the Defendant and used it for restaurant and residence.
C. (1) On August 9, 2012, the Defendant filed a lawsuit against the Plaintiff seeking the delivery of the instant building (the Defendant’s declaration of intention was terminated due to the delinquency in the monthly rent) by Busan District Court Decision 2012Da66972, and the payment of unpaid monthly rent.
The instant appellate court rendered a judgment on February 12, 2014 in the instant case No. 2013Na13631, and rejected the Defendant’s claim for termination, and rejected the Defendant’s claim for delivery, but the part of the claim for payment of unpaid monthly rent was accepted (see, e.g., Supreme Court Decision 5,395,227, Sept. 2, 2013), and the said appellate court’s judgment became final and conclusive as it is.
(2) On September 11, 2015, the Defendant again filed a lawsuit for the delivery of the instant building with the Busan District Court 2015dan64885.
On March 22, 2016, the above court decided that the lease contract of this case was terminated at the expiration of the term and sentenced to the defendant's claim, which became final and conclusive as it is.
(3) Based on the above judgment, the Defendant completed compulsory execution on May 18, 2016 regarding the delivery of the instant building.
Meanwhile, the Plaintiff is the first floor of the instant building.