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(영문) 울산지방법원 2020.01.09 2018나25502

임대차보증금반환

Text

1. Revocation of the first instance judgment.

2. The plaintiff succeeding intervenor's claim is dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is a person who was the representative of “ Incorporated Association D” (hereinafter “D”), a non-profit incorporated association, and the Plaintiff’s succeeding intervenor is a person who was appointed as a new representative of D on September 28, 2016.

B. On September 15, 2014, the Plaintiff entered into a lease agreement with E to lease three floors (hereinafter “the leased object of this case”) of the building indicating attached real estate (hereinafter “instant building”) from E during the lease period from September 15, 2014 to September 15, 2016, the Plaintiff agreed to lease KRW 10,000,000 for 24 months from E to September 15, 2016, the deposit amount of KRW 10,000,000, monthly rent of KRW 30,000.

(hereinafter “instant lease agreement.” On the same day, the Plaintiff paid KRW 10,000,000 for lease deposit and KRW 300,000 for a monthly rent, and paid KRW 3,00,000 for a ten-month rent on November 17, 2014 to E in advance.

Since then, the Plaintiff used the leased object of this case as D’s Association office.

B. The F purchased the instant building from E on November 21, 2014, and completed the registration of ownership transfer concerning the instant building on January 30, 2015, and succeeded to the lessor status under the instant lease agreement from E.

C. The Defendant purchased the instant building from F on June 3, 2016 and completed the registration of ownership transfer concerning the instant building on August 17, 2016.

At the time of the purchase of the instant building from F, the Defendant settled accounts on the premise that F did not have any deposit to be returned to the Plaintiff at the time of the purchase, and calculated the sales amount of the said building.

On September 15, 2016, the Plaintiff (D) delivered the leased object of this case to the Defendant as the term of this case’s lease expires.

E. On September 17, 2017, the Plaintiff deducted the Defendant from KRW 10,00,000 to KRW 3,900,000,000 for the lease deposit of this case from KRW 10,000 for 13 months (i.e., monthly 300,000 x 13 months) and deducted the remainder of KRW 6,10,000.