(영문) 서울중앙지방법원 2017.04.20 2016가단5216000

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(영문) 서울중앙지방법원 2017.04.20 2016가단5216000

임대차보증금반환 청구의 소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 11, 2013, the Plaintiff agreed between the Plaintiff and Nonparty C lent KRW 60 million to Nonparty C with the rental fee for the real estate brokerage office.

In order to secure the repayment of the said money, the Plaintiff and C agreed to prepare the lease contract of the real estate brokerage office leased by C in the name of the Plaintiff.

B. On November 26, 2013, the first lease agreement C and the second lease agreement between the non-party company and Alanland Co., Ltd. (hereinafter “non-party company”) concluded a lease agreement with the term “10,000,000 won, monthly rent, 4 million won, and 24 months from the date on which the lease agreement was concluded with respect to the E-building No. 110 (the first floor No. 110 of the E-building located in F after completion of construction; hereinafter “the instant building”).

(hereinafter “First Rental Contract” and “The First Rental Contract” are “The first Rental Contract”). C, according to an agreement with the Plaintiff, entered the Plaintiff’s name and resident registration number in the column of the first Rental Contract (However, the telephone number and Do head were C itself), and Nonparty Company issued a deposit slip to the Plaintiff that it received the intermediate payment of the lease deposit amount of KRW 50 million.

C. On January 27, 2014, the Defendant purchased the instant building from Nonparty Company and completed the registration of ownership transfer on March 28, 2014.

At the time of the purchase, the Defendant entered the first lease contract from the non-party company, and signed it at the bottom of the first lease contract, and subsequently entered into a lease contract with C and non-party G, which was introduced from the non-party company to lessee, on March 28, 2014, with the deposit and rent KRW 100,000,000 per month as previous, and the lease term is 24 months from the first day of the second lease contract (the agreement from the special agreement to April 1, 2014).

The term “second lease contract” is called “second lease contract.”

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