임대차보증금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On October 1, 2009, the Plaintiff leased the deposit amount of KRW 30 million, and the lease period of the deposit amount of KRW 24 months from the date of the contract, with the view to the former C1st and upper family (hereinafter “instant shopping district”).
The plaintiff paid 30 million won to the defendant.
On November 4, 2010, the Plaintiff entered into a sales contract for commercial buildings selling the instant commercial buildings to Nonparty D at KRW 100 million ( deposit KRW 30 million and premium KRW 70 million).
[Ground of recognition] Facts without dispute, Gap 1 evidence, Eul 8 evidence, the purport of the whole pleadings
2. The parties' assertion
A. Although the Plaintiff asserted that the commercial building of this case was transferred by the Plaintiff, the Defendant did not return the deposit.
Afterward, D, a lessee, paid only part of the premium to the Plaintiff, but did not pay the deposit.
Therefore, the defendant, who is the lessor, should return the deposit.
B. The Defendant’s assertion is that the Plaintiff already returned the deposit from D and delivered the instant commercial building to D.
Therefore, the plaintiff's claim for the refund of deposit is without merit.
3. At the time of the sale of the instant commercial building, the Plaintiff and D agreed to pay the sales price of KRW 5 million on November 1, 2010, and the intermediate payment of KRW 5 million in installments from December 1, 201 to KRW 5 million on the 11st day of each month, and the remainder of KRW 40 million shall be paid on November 1, 201, and the name shall be changed at the time of full payment.
D continued to pay the purchase price under the Commercial Building Sales Contract to the Plaintiff on July 8, 201, and the Plaintiff and D requested the Defendant to change the lessee. On the same day, the Defendant prepared a real estate lease contract for leasing the commercial building in the amount of KRW 30 million with D’s wife E as the lessee, and stated that the Defendant was fully paid the deposit amount of KRW 30 million from E.
The Plaintiff reported the closure of business, and E registered its business on July 15, 201.
Grounds for recognition: Facts without dispute;