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(영문) 수원지방법원안산지원 2020.10.07 2020가단70413

임대차보증금

Text

1. The defendant (Counterclaim plaintiff) is to jointly receive real estate stated in the separate sheet from the plaintiff (Counterclaim defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On August 14, 2018, the Defendants purchased real estate listed in the separate sheet (hereinafter “instant building”) from Nonparty D, and completed the registration of ownership transfer on each 1/2 share on August 31, 2018.

B. On August 31, 2018, the Defendants succeeded to the previous lease agreement that was concluded between D and the Plaintiff on the instant building, and concluded a lease agreement between D and the Plaintiff with the terms of KRW 150 million, monthly rent of KRW 4.1 million (excluding value-added tax), and the term of lease from April 23, 2018 to April 23, 2020.

(hereinafter “instant lease agreement”). C.

The instant lease agreement was terminated on April 23, 2020 after the expiration of the period.

On April 27, 2020, the Plaintiff operated the telecom with the instant building, and filed a report on the closure of the telecom with the competent district tax office having jurisdiction over the said telecom, and thereafter, continued to occupy the instant building.

During the lease period of this case, the Plaintiff paid the Defendants a total of KRW 54.7 million as rent.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 6 through 9 (including each number), Eul evidence 1, 4, 7, and 8, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the parties concerned is the principal claim against the defendants for the return of the rental deposit KRW 150 million, which was caused by the termination of the instant lease agreement.

The Defendants, as a counterclaim, seek against the Plaintiff for the delivery of the instant building and the return of unjust enrichment equivalent to the unpaid rents and rents.

Furthermore, the Plaintiff and the Defendants may, with respect to each other’s claims, effect simultaneous performance claims and mutual aid claims, or may prejudice each other’s claims to make such claims.

B. According to the fact that both parties’ obligations upon the termination of the lease agreement are recognized, the instant lease agreement was terminated on April 23, 2020, and thus, the Plaintiff, a lessee, is the Defendants, the lessor.