보증금반환
1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked and above.
The facts below are, without dispute between the parties, acknowledged as a whole by taking account of the overall purport of the pleadings in the descriptions or images of Gap evidence 1 through 8, 12 through 16 (including serial numbers; hereinafter the same shall apply) and Eul evidence 2.
[1] On August 4, 201, the Plaintiff leased from Suwon-si, Suwon-si, the EMotel (hereinafter “the instant apartment”) located on the 2,3rd floor among the lease deposit, KRW 100,00,000, monthly rent 2,300,000, monthly rent 2,300,000 won (including value-added tax), and the period of lease from August 28, 201 to August 28, 2013 (hereinafter “instant building”). < Amended by Presidential Decree No. 2666.35, Dec. 2, 2011; Presidential Decree No. 23588, Feb. 2, 2011; Presidential Decree No. 23558, Aug. 28, 2011>
At the time of concluding the instant lease agreement, the Plaintiff paid KRW 55,00,000 to F, a lessee, as premium.
The instant lease agreement was renewed on August 2015 by August 28, 2015.
[2] C died on or around November 2014, and the Defendant, one of his children, agreed to inherit the instant building through an agreement on the division of inherited property with the remaining co-inheritors around April 2015, and completed the registration of ownership transfer as to the instant building on April 21, 2015.
The plaintiff and the defendant sent and received content-certified mail as follows:
On June 3, 2015, Plaintiffs 100,000,000, monthly rent of KRW 3,000,000, and sought a new lessee to pay the Plaintiff premium of KRW 35,000,000. The Plaintiff’s receipt of premium of KRW 35,00,000,000 from a new lessee. If the Plaintiff does not want to enter into a lease contract with a new lessee, the Plaintiff would be compensated for the amount equivalent to the said premium.
Defendant 4, June 2015, on the following day following the termination of the instant lease agreement, is the monthly rent from August 29, 2015.