(영문) 서울서부지방법원 2017.08.17 2016나4383

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(영문) 서울서부지방법원 2017.08.17 2016나4383

임차보증금잔액반환

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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. From May 3, 2011, the Plaintiff: (a) leased the first floor of Gangnam-gu Seoul Metropolitan Government D ground buildings (hereinafter “instant building”); (b) KRW 80,000,000, monthly rent of KRW 250,000; (c) from May 23, 2011 to May 22, 2013 (hereinafter “instant lease agreement”); and (d) around that time, paid KRW 80,00,000,000 to C the lease deposit.

(The amount of KRW 66,500,000 was paid as the full-time rent subsidy for the ELD and the lessor decided to return it directly to ELD when the lease contract is terminated).

At the time of the expiration of the instant lease agreement, the Plaintiff and C agreed to extend the contract period by two years until May 22, 2015, and increase the monthly rent of KRW 300,000. On April 20, 2015, the extended period, prior to the expiration of the lease agreement, the Plaintiff notified C of the request for the refund of the deposit to be immediately removed after the expiration of the lease term.

C. However, C was unable to refund the lease deposit to the Plaintiff, and the Plaintiff did not have a director even after the expiration of the contract term, and continued to reside on the first floor of the instant building, and C was exempted from the Plaintiff’s obligation to pay the lease deposit after July 23, 2015.

On September 30, 2015, the Defendant purchased the instant building on condition that he succeeds to the existing lease contract from C and received the ownership transfer of the instant building by paying any balance on November 5, 2015.

In addition, on November 12, 2015, the Plaintiff paid KRW 4,800,000 to the Plaintiff on December 22, 2015, when the first floor of the instant building was delivered from the Plaintiff on December 22, 2015, and around that time, the Plaintiff paid KRW 66,50,000 to LAD Corporation.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant, as a lessor who succeeded to the instant lease agreement, is the Plaintiff.

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