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(영문) 서울남부지방법원 2017.08.18 2016가합112649

임대차보증금

Text

1. The Defendant shall pay to the Plaintiff KRW 240,00,000 and the interest rate of KRW 15% per annum from July 8, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. Plaintiff’s lease contract 1) On December 13, 2014, the Plaintiff entered into the Plaintiff’s lease contract with Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant officetel”) to move from C to D Building 907 (hereinafter “instant officetel”).

(C) As to the instant officetel E and the instant officetel entrusted with all duties related to the lease agreement, a lease agreement was concluded between February 25, 2015 and February 24, 2017 (hereinafter “instant lease agreement”) with respect to the lease deposit amount of KRW 240,000,000 and the instant officetel.

(2) Accordingly, the Plaintiff deposited KRW 2,00,000, which is part of the down payment 24,000,000 on December 13, 2014, and KRW 22,00,000,000 on December 17, 2014, into the national bank account under the name of each C. On February 24, 2015, the Plaintiff deposited the remainder 216,00,000,000 into the national bank account under the name of E and paid the full amount of the lease deposit upon E’s request.

3) On February 24, 2015, the Plaintiff, at the Fdong community service center, filed a move-in report after receiving a fixed date of No. 198 at the Fdong community service center, and entered the instant officetel upon delivery on February 25, 2015. (B) On October 18, 2016, C completed the registration of ownership transfer for the instant officetel’s gift on the instant officetel to the Defendant on October 18, 2016, and on October 25, 2016, the Plaintiff concluded a lease agreement with G and H to KRW 302 of the Yangcheon-gu Seoul International Building No. 302 (hereinafter “the instant loan”). < Amended by Act No. 160, Oct. 25, 2016; Act No. 14300, Dec. 12, 2016>

2. On the other hand, on November 15, 2016, C sent to the Plaintiff a certificate of the purport that the Plaintiff would receive a refund of the lease deposit from the Defendant who acquired the ownership of the instant officetel, and on November 18, 2016, the Plaintiff acquired the opposing power as to the instant officetel and succeeded to the status of the lessor by acquiring the ownership of the instant officetel, thereby cancelling the instant lease agreement and returning the lease deposit KRW 240,00,000.