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(영문) 서울중앙지방법원 2017.09.13 2016가단5288982
임대보증금 반환
Text

1. The defendant shall pay KRW 523,972 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. The Defendant is the owner of the real estate listed in the separate sheet No. 1., and C is the owner of the real estate listed in the separate sheet No. 2. D, from June 2012, operated the “E convalescent Hospital” (hereinafter “instant real estate”) in each real estate listed in the separate sheet No. 1 and No. 2 from around June 2012.

B. On November 17, 2013, the Defendant and C agreed to transfer the entire facilities of the instant hospital to KRW 900 million, and the instant real estate to be leased with a deposit of KRW 300 million, monthly rent of KRW 22 million (including value-added tax), and the lease period from January 1, 2014 to December 31, 2019. D operated a convalescent hospital from January 1, 2014 to December 1, 2019.

C. On October 29, 2016, D concluded a contract between the Plaintiff and the Defendant on the transfer of the instant hospital facilities, etc. (hereinafter “instant transfer agreement”). D newly demanded the Plaintiff to enter into a lease agreement on the instant real estate.

Defendant and C shall be in accordance with D on October 31, 2016.

In accepting the same request as described in the port, the Plaintiff and the Plaintiff agreed to lease the instant real estate (hereinafter “instant lease agreement”) with a deposit of KRW 300 million, monthly rent of KRW 16.5 million (including value-added tax), and between November 1, 2016 and October 31, 2020 during the lease period, and received KRW 300 million from the Plaintiff on November 1, 2016.

E. On November 1, 2016, the Defendant and C returned KRW 240,170,000,000,000 obtained by deducting the unpaid rent from the deposit amount of KRW 300,000 on the lease agreement as of November 17, 2013.

F. However, on November 4, 2016, the Plaintiff and D agreed to reverse the instant transfer contract (D agreed to return KRW 200 million, a down payment, to the Plaintiff), and D sent text messages to the Defendant on November 4, 2016, to the effect that the instant transfer contract was revoked.

Don November 7, 2016, 300 million won was remitted to the defendant's account as a deposit for lease.

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