보증금반환
1. The Defendant’s KRW 140,000,000 as well as 5% per annum from October 3, 2018 to January 28, 2019 to the Plaintiff.
1. Facts of recognition;
A. As to the land listed in paragraph (1) of the attached list, the registration of ownership transfer in C was completed as of May 13, 2015, and the registration of ownership transfer in C’s name was completed as of December 31, 2015, and the registration of ownership transfer in C’s name was completed as of October 27, 2015 with respect to the multi-family house on the ground listed in paragraph (2) of the attached list as of December 31, 2015.
B. On November 10, 2015, the Plaintiff entered into a lease agreement between C and the owner of the multi-family house listed in the attached Table No. 2 as of November 10, 2015 (hereinafter “instant house”) with respect to the instant multi-family house Nos. 140,00,000 won, and the lease period from December 10, 2015 to December 10, 2017 (hereinafter “instant lease agreement”). Under the instant lease agreement, the Plaintiff was handed over the instant house from C on December 10, 2015.
C. On May 23, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement.
Accordingly, the Defendant concluded a new lease agreement with E on August 14, 2018 regarding the instant housing, and promised the Plaintiff to receive the lease deposit from E until October 2, 2018 and return the lease deposit amount of KRW 140,000,000 to the Plaintiff.
On September 28, 2018, the Plaintiff transferred the instant house to the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings
2. The Plaintiff asserts that the instant lease agreement was terminated as of October 2, 2018, or that the Plaintiff’s termination notice was terminated on or around August 23, 2018, which was three months after the date of termination, and that the Plaintiff filed a claim against the Defendant for the payment of the lease deposit amount of KRW 140,000,000 and the delay damages for the period from October 3, 2018 to the date of full payment.
As to this, the Defendant is subject to the same conditions as the instant lease agreement between the Plaintiff around November 10, 2017.