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(영문) 서울북부지방법원 2020.07.23 2020가합23138
보증금반환
Text

1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 245,00,000 to the plaintiff.

Reasons

1. Facts of recognition;

A. On April 28, 2018, the Plaintiff entered into a lease agreement with C to lease the real estate listed in the separate sheet (hereinafter “instant building”) owned by C (hereinafter “instant lease agreement”) by setting the lease deposit amount of KRW 245,000,000, and the term of lease from April 28, 2018 to April 26, 2020 (hereinafter “instant lease agreement”). On April 28, 2018, the Plaintiff entered into the instant building and completed the resident registration on April 30, 2018, while obtaining a fixed date as to the instant lease agreement.

B. On September 5, 2018, the Defendant purchased the instant building from C, and completed the registration of ownership transfer under the Defendant’s name, and succeeded to the lessor’s status of the instant lease agreement.

[Grounds for recognition] Evidence Nos. 1 to 5, and the purport of the whole pleadings

2. According to the facts of the above recognition, the lease contract of this case was terminated on April 26, 2020, and the defendant is obligated to return the lease deposit amount of KRW 245,00,000 to the plaintiff at the same time as the delivery of the building of this case from the plaintiff as requested by the plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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