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(영문) 서울중앙지방법원 2014.08.14 2013가합525699
임대차보증금 등 반환청구의 소
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) annex.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On September 16, 2011, the Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) entered into a contract under which the Defendant sells real estate listed in the attached real estate list (hereinafter “instant real estate”) to USD 54,00,000,00 (hereinafter “instant sales contract”), and upon which the Solomon Savings Bank entered into an attached contract with the Defendant to lease the instant real estate from the Defendant with the lease deposit amounting to KRW 14,850,00,000, advance payment rent amounting to KRW 14,850,000,000, and the lease deposit was reduced to KRW 20,350,000 on January 30, 2013 (hereinafter “instant lease contract”).

The details of the instant sales contract and the lease contract are as specified in the attached Form.

B. The Solomon Savings Bank was declared bankrupt on April 30, 2013 by the Seoul Central District Court 2013Hahap46, and the Plaintiff was appointed as the trustee in bankruptcy.

C. On May 14, 2013, the Plaintiff sent the instant lease agreement to the Defendant on the ground of the bankruptcy of the Solomon Savings Bank, and received the said notification on May 15, 2013, on the ground that the said agreement is terminated pursuant to Article 637 of the Civil Act.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, Eul evidence 3 through 6, 15 (including branch numbers), and the purport of the whole pleadings

2. Determination on the main claim

A. On the other hand, the Plaintiff’s argument is that the instant lease agreement was terminated pursuant to Article 637 of the Civil Act due to the bankruptcy of the Solomon Savings Bank, and the Defendant is obligated to return KRW 20,350,000,000 for the lease deposit under the instant lease agreement to the Plaintiff. Furthermore, Article 5(3) of the instant lease agreement provides that KRW 9,350,000 for advance rent shall not be returned to the Solomon Savings Bank.

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