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(영문) 서울동부지방법원 2015.08.21 2014가합108650

보증금반환

Text

1. The defendant shall pay to the plaintiff A and B KRW 45,000,000 for each of them, and KRW 21,00,000 for each of them to the plaintiff D.

2. Plaintiffs C, E, and F respectively.

Reasons

1. Facts of recognition;

A. On December 10, 2008, the Defendant completed the registration of ownership transfer based on the trust on December 5, 2008 with respect to the G building in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant building”) to the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”).

B. On May 13, 2009, the Defendant and the Korea Land Trust entered into a lease agreement with H Co., Ltd. (hereinafter “H”) with respect to part of the instant building, which is a real estate sublease business (hereinafter “H”).

(A) No. 2-2. Lease object: 52 apartment units of the instant building, and the lease period of 13 households of officetels: From May 13, 2009 to May 12, 2012: From May 13, 2009 to May 12, 2012: Rent of KRW 500 million: apartment house of KRW 52 households (not value-added tax) and KRW 10 million for 13 households of officetels (excluding value-added tax).

C. On December 23, 2011, the Defendant completed the registration of ownership transfer on the instant building from the Korea Land Trust on December 19, 201, based on the reversion of trust property.

On May 11, 2012, the Defendant entered into a lease modification agreement (hereinafter “the first lease modification agreement”) with H as follows:

(A) No. 2-3. Lease Lease Period: From May 13, 2012 to May 12, 2014, lease deposit amount: From May 13, 2012 to May 12, 2014: Matters related to the special agreement on the sub-lease of KRW 500,000 per household of an apartment house of KRW 51,500,000 (excluding value-added tax) and KRW 5,000,000 for an officetel 11 household (excluding value-added tax) (Article 4) regarding the sub-lease contract entered into between H and a third party, which may occur when the refund of the sub-lease deposit is not possible due to the economic shortage of H in relation to the sub-lease contract concluded between H and a third party, the parties agree to establish the following special agreement on a free basis:

(2) H.