임대차보증금
1. The Defendants jointly pay to the Plaintiff KRW 100,000,000.
2. The plaintiff's remaining parts against the defendants.
1. Basic facts
A. On August 25, 2011, D entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, one’s own partner, with respect to the Fdong G of the five-story apartment (hereinafter “instant apartment”) located in the 5th floor E in the light of his own name, with the term of KRW 100 million and the term of August 24, 2013. At the time, D entered into a special agreement that “D’s son, who is a resident in the instant apartment, shall return the deposit to the Plaintiff,” and issued a receipt of KRW 100 million from the rental deposit to the Plaintiff.
B. After that, D entered into a sales contract with I on April 30, 2013 with regard to the instant apartment, “The present lessee shall succeed to the ownership of the apartment (a security deposit amount to KRW 100 million)” and completed the registration of ownership transfer to I on June 5, 2013.
I, on June 5, 2013, set up a lease agreement (No. 2) with H, stating the term “a deposit of KRW 100 million and the term of lease as of June 4, 2015,” stating “a re-contract with a buyer due to sale and a lessee”.
C. On May 28, 2015, I concluded a sales contract with the Defendants on the instant apartment between May 28, 2015, “The present lessee succeeds to the buyer (the deposit KRW 100 million, lessee H, and due date on June 4, 2015)” by entering into a special agreement, and completed the registration of ownership transfer on August 7, 2015 to the Defendants accordingly.
The Defendants are contracts between H and H on July 1, 2017, setting the deposit amount of KRW 100 million, and the term of lease as of June 2, 2019, which are concluded between June 5, 2013 and June 4, 2015; and from June 4, 2015 to June 3, 2017, the Defendants were residing and extended for KRW 100 million.
The lease agreement (No. 3) was written clearly stating that it is "."
[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 2, 5, Eul evidence No. 1 and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion 1 is implicitly renewed the lease of the instant apartment.