임대차보증금반환
1. The Defendant, along with the delivery of real estate 114.30 square meters from the Plaintiff as indicated in the separate sheet, simultaneously with the Plaintiff 34,819.
1. Basic facts
A. On August 23, 2010, the Plaintiff and the Defendant entered into a lease agreement with respect to the first floor of the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) with a deposit of KRW 40 million, monthly rent of KRW 2,300,000 (including the last day of each month, the additional dues, and the rental period from August 31, 2010 to August 30, 2012. After that, the Plaintiff and the Defendant entered into a lease agreement with respect to the remainder on August 31, 2012, which extends from August 31, 2012 to August 30, 2014 (hereinafter “instant lease agreement”).
The Plaintiff operated the instant real estate in the name of “C”.
B. On February 28, 2014, the lease term of the Plaintiff and D entered into a contract to transfer the Plaintiff’s right to the instant real estate at KRW 40 million. On the same day, the Defendant and D entered into a lease agreement to increase the lease deposit to KRW 40 million, monthly rent of KRW 2.3 million (in addition, KRW 15,000, monthly rent of KRW 15,000), April 15, 2014, from April 15, 2014 to April 15, 2016, with a special agreement to raise the deposit deposit to KRW 50,000,000 from September 2014, and KRW 2.5 million from monthly rent of KRW 2.5 million (Additional tax).
C. 1) D paid the Plaintiff the down payment of KRW 4 million according to the right acquisition contract with the Plaintiff. D transferred the down payment of KRW 4 million under the lease contract with the Defendant to the Plaintiff at the Defendant’s request on March 3, 2014. However, D, around April 2014, did not pay the Plaintiff the remainder of KRW 36 million under the right acquisition contract and the remainder of the lease deposit to the Defendant, and each of the said down payment was confiscated, and each of the said down payment was revoked, and both the right acquisition contract with the Plaintiff and the lease contract with the Defendant were revoked.
On the other hand, on March 17, 2014, the Plaintiff is running its business by leasing the lease deposit amount of KRW 50 million from F, monthly rent of KRW 2 million, and the lease period from April 4, 2014 to April 4, 2016.
E. At present, the instant real estate was locked and keyed.