청구이의
1. The judgment of the court of first instance is modified as follows.
On March 19, 2015, the Seoul Central District Court against the Plaintiff.
1. Basic facts
A. The parties’ relevant apartment is the one who was the owner of Seocho-gu Seoul Metropolitan Government C apartment No. 702 (hereinafter “instant apartment”). The Defendant, as the mother of the network K, succeeded to the instant apartment after the deceased of the network K on November 22, 2015.
The Plaintiff is a person who entered into the instant lease agreement with the network K as seen below.
B. 1) On May 29, 2013, the network K agreed to lease the instant apartment between the Plaintiff and the Plaintiff by setting the lease deposit amount of KRW 300 million and the lease term from July 15, 2013 to July 15, 2014 (hereinafter “instant lease agreement”).
(2) According to the instant lease agreement, the Plaintiff paid the net payment of KRW 29 million on the day of the contract, the intermediate payment of KRW 20 million on the next day, and KRW 49 million on the following day, to the deceased K, in the event one of the parties fails to perform the obligation stipulated in the said contract.
3) At the time of the conclusion of the instant lease agreement, the instant apartment was located in the Dispute Settlement Bank Co., Ltd., but the registration of the establishment of a chonsegwon in the name of L, which caused the establishment of a mortgage and the deposit for lease on a deposit basis under the name of L, respectively. L, around September 10, 201, leased the instant apartment from L, K, for the lease deposit amounting to KRW 200 million, and on August 2, 2011, completed the registration of the establishment of a right to lease on a deposit basis as above in the name of L, to secure the return of the deposit for lease on a deposit. Thereafter, L, upon the request of L, increased the deposit to KRW 235 million and paid KRW 35 million. L, at the time of the conclusion of the instant lease agreement, was left out without being refunded the deposit for lease on a deposit basis under the name of L, and L, the remainder of the lease deposit amount to KRW 250 million [300,000,00 won [30,00 won].