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(영문) 청주지방법원 2018.06.21 2017나14049

임차보증금반환

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On November 16, 2007, the Defendant leased the Seocho-gu Seoul Metropolitan Government F Building 307 (hereinafter “instant office”) owned by the Defendant to Nonparty C, D, and E for 12 months from the date of delivery to the lessee of the lease deposit, KRW 9.5 million per month, KRW 9.5 million per month, and KRW 9.5 million per month from the date of delivery to the lessee. On August 29, 2013, the Defendant leased the instant office to the Plaintiff and C, and the Plaintiff, C, and G on January 15, 2016, and on August 24, 2016, respectively, to the Plaintiff and H.

B. On August 24, 2016, the Plaintiff acquired the claim for the refund of the lease deposit against the Defendant by H, and the Plaintiff solely leased the instant office from the Defendant by setting the lease deposit amount of KRW 9.5 million, KRW 9.5 million per month, and KRW 9.5 million per month, and from September 14, 2016 to September 14, 2017, the lease deposit was paid by means of replacing the lease deposit already paid.

C. On February 15, 2017, the Plaintiff requested the International Licensed Real Estate Agent Office to mediate the lease of the instant office. On February 23, 2017, the Plaintiff entered into a lease agreement with the Defendant and the new lessee on the said brokerage request, but the said agreement was revoked on the following day.

On February 23, 2017, the Plaintiff expressed to the Defendant the intent to terminate the instant lease agreement, and delivered the instant office to the Defendant on March 4, 2017.

E. On March 15, 2017, the Defendant concluded a lease agreement with Nonparty J on the instant office.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, Eul evidence Nos. 1, 2, 3, 12, and 13 (including each number), the purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, the instant lease agreement is concluded according to the Plaintiff’s expression of intent to terminate the instant lease agreement around February 23, 2017 and the delivery of the instant office around March 4, 2017, and the Defendant’s new lease agreement with J on March 15, 2017.