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(영문) 서울서부지방법원 2018.08.30 2017가합1875

임대차보증금반환

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 220,000,000.

2. The costs of litigation shall be borne by the Defendants.

3...

Reasons

Basic Facts

On July 11, 2016, Defendant B, including the conclusion of the instant lease agreement, purchased the Eunpyeong-gu Seoul Metropolitan Government D Building E (the area of the exclusive ownership section 80.16 square meters; hereinafter “instant loan”) in KRW 240 million, and completed the registration of ownership transfer on September 8, 2016.

On February 22, 2017, the Plaintiff entered into a contract for lease from Defendant B with Defendant B (hereinafter referred to as “the lease in this case”) with the term of February 22, 2017, the Plaintiff: (a) KRW 220 million (payment of KRW 20 million in the contract; payment of KRW 20 million in the remainder on May 10, 2017); and (b) the term of lease from Defendant B with the term of May 10, 2017 to May 9, 2019 (hereinafter referred to as “the term of lease in this case”); and (c) the term of the instant lease in this case includes a special agreement that “the business progress in this area shall be the progress of the project in the reconstruction area; and (b) the lessor shall be the KRW 20 million in the cost of the board of directors in the event of reconstruction (within two years from the date of occupancy).”

Meanwhile, the instant lease agreement was signed and sealed by F Licensed Real Estate Agent G and H Licensed Real Estate Agent Office I respectively.

Around that time, the Plaintiff paid the down payment of KRW 20 million among the lease deposit of this case to Defendant B.

On April 20, 2017, Defendant B, including the purchase of the instant loan by the Defendant Company, entered into a contract with Defendant C Limited Company (hereinafter “Defendant Company”) and Defendant B to sell the instant loan to the Defendant Company for KRW 225 million (hereinafter “the instant sale”). The instant sale contract includes the terms and conditions under which the deposit for the current lease is acquired at KRW 220 million, and the implementation authorization for the instant area is the progress of the project for the reconstruction area; this real estate is not the authorization for the implementation of the said area; and the lessor is to pay KRW 25 million,000,000,000,000,0000,000,000,000,000,000,000,000,000,000

The Plaintiff, on May 10, 2017, remitted total of KRW 200 million to Defendant B, etc. on May 10, 2017, thereby running down the lease deposit of this case KRW 220 million.