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(영문) 서울동부지방법원 2014.07.22 2013가합102808

임대차보증금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendants are the representative director D’s incidental children.

B. The Defendants were bequeathed from E, the Defendants’ put up the buildings F. F. 191.6 square meters in Gangdong-gu Seoul and the five-story above ground (hereinafter “instant buildings”).

C. On December 27, 2006, D drafted a lease agreement on behalf of the Defendants, which provides that the Plaintiff shall lease (hereinafter “instant first lease agreement”) the entire first floor of the instant building KRW 39.14 with a lease deposit of KRW 150 million and a lease term of KRW 2 years with a lease deposit of KRW 150 million.

D On October 11, 2007, 2007, on behalf of the Defendants, 201 square meters of the instant building (95.75 square meters) entered into a lease agreement with the Plaintiff, setting the lease deposit amount of KRW 130 million and the lease term of KRW 2 million (hereinafter “instant second lease agreement”). The Plaintiff deposited KRW 130 million in the national bank account (Account Number G) in the name of Defendant B on October 11, 2007, KRW 130 million, and KRW 130 million in total, and KRW 400,000,000 on August 15, 2007.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 3, 4, Gap evidence 5-1, 2, 3, witness H's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion 1 and 2 lease contract of this case expired, and the plaintiff notified the defendants of termination, and the defendants also acknowledged that the contract of this case was terminated. If the defendants did not recognize the termination of the contract, the copy of the complaint of this case stating the plaintiff's declaration of termination was served on the defendants. Thus, the contract of this case 1 and 2 lease of this case was terminated. Thus, the defendants are liable to pay to the plaintiff the sum of the lease deposits of this case 280 million won and delay damages.

B. The Defendants asserted that they were bequeathed of the instant building from E (the death of June 9, 1995).