임대차보증금
1. The Defendant: (a) KRW 40,000,000 for the Plaintiff and KRW 15% per annum from March 14, 2019 to May 31, 2019; and (b).
1. Facts of recognition;
A. On November 30, 2017, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease title F and G (hereinafter “instant store”) from among the entire first and second floors of the Incheon Jung-gu E building (hereinafter “instant building”) owned by the Defendant, with the lease deposit of KRW 30,000,000, monthly rent of KRW 4,000,000, and the lease term of KRW 30,000 from December 1, 2017 to November 30, 2018 (hereinafter “instant lease agreement”).
Since then, the Plaintiff and the Defendant agreed to increase the lease deposit in KRW 40,000,000, and the Plaintiff paid the full amount of the lease deposit to the Defendant and received the instant store from the Defendant.
B. On January 31, 2018, when the instant lease agreement was in existence, the Defendant sold to Nonparty H and I the total building of this case and its site to KRW 2,850,000,000 (land 2,400,000,000, building 450,000, and building 450,000). On March 27, 2018, the Defendant completed the registration of ownership transfer for each of the 1/2 shares of the instant building to H and I.
C. Even after the transfer of the instant building, the Plaintiff continued to pay rent, management fee, etc. to the Defendant, and issued a tax invoice with respect to the rent, etc. to the Defendant. The Plaintiff expressed his intention to refuse the renewal of the instant lease to the Defendant one month prior to the expiration of the lease term, and left the instant store to which the lease term expires.
On February 27, 2019, the Plaintiff filed the instant lawsuit against the Defendant seeking the return of the instant lease deposit.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 9, Eul evidence 1 to 4, the purport of the whole pleadings
2. Determination
A. According to the above fact-finding on the cause of the claim, the instant lease contract was terminated on November 30, 2018, and thus, the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 40,000,000 and delay damages.
B. The defendant's assertion