임대차보증금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 15, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the fourth-story 102.48 square meters (hereinafter “instant house”) among the neighborhood living facilities and housing buildings located in Seocho-gu Seoul Metropolitan Government (hereinafter “instant building”) and Seocho-gu Seoul Metropolitan Government (hereinafter “instant building”) with a deposit of KRW 450,000,000, and the term of the lease from May 1, 2017 to April 30, 2019.
The Plaintiff paid 450,000,000 won to the previous lessors, and obtained a fixed date in the lease agreement on May 1, 2017.
B. On September 8, 2017, the previous lessor sold the instant building to the Defendants, and completed the registration of ownership transfer on November 16, 2017.
(The defendants' shares in the building of this case are 1/2 each).
Upon finding out of the fact that the Plaintiff sold the instant building, on October 17, 2017, the Plaintiff sent the content-certified mail to the previous lessor to the effect that “The Plaintiff would pay KRW 10,000,000 for damages and KRW 450,000 for the termination of the instant lease agreement,” and the content-certified mail reached the Defendants on October 18, 2017.
On November 3, 2017, the previous lessor divided KRW 55,000,000 into KRW 50,000,000 and KRW 5,000,000 to the Plaintiff.
On May 9, 2018, the Plaintiff urged the former lessor to return the deposit, and sent a content-certified mail to the effect that he/she would express the instant housing until August 10, 2018. On June 25, 2018, the Plaintiff sent the same content-certified mail to the Defendants.
E. On June 29, 2018, the Plaintiff received the order of lease registration of the housing under the control of the court No. 2018Kadan172, and completed the registration of the housing lease on July 6, 2018, and transferred the instant housing to the Defendants on August 15, 2018.
F. On September 3, 2018, the Defendants deposited the deposited amount of KRW 401,041,096 with the said deposited amount as the Plaintiff under this Court No. 21241, Sept. 3, 2018.