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(영문) 서울중앙지방법원 2015.09.03 2015가합2237

임대차보증금반환

Text

1. The defendant shall pay 150,000,000 won to the plaintiff and 20% per annum from August 5, 2015 to the day of complete payment.

Reasons

1. The Plaintiff, the inheritor of the claim indication C (Death on July 5, 2014) succeeded solely to the claim for the refund of the lease deposit against the Defendant under the lease agreement concluded between the Defendant (Lessee) and C (Lessee) by setting the lease deposit amount of KRW 150 million as to the lease deposit amount of KRW 202,00,000 in Seocho-gu Seoul Metropolitan Government (hereinafter “instant building”).

On August 7, 2014, the Seoul Central District Court E in progress with respect to the instant building, and the F acquired ownership by winning a successful bid for the instant building. The Plaintiff did not receive a deposit for lease from F due to the lack of opposing power against F and did not deliver the instant building.

Therefore, the defendant is obligated to pay to the plaintiff the lease deposit amounting to KRW 150 million and damages for delay from the next day of the delivery of a copy of the complaint of this case.

2. Article 208 (3) 3 of the Civil Procedure Act: