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(영문) 전주지방법원 2015.10.28 2015가합3470
임대차보증금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence Nos. 1, 2, 3, and 5 (including paper numbers) and the whole purport of the pleadings:

On November 28, 201, the Plaintiff entered into a lease agreement with a limited liability company (hereinafter “instant lease agreement”) and with respect to the third floor of the C-owned building in the Jeonsan-gu Seoul Special Metropolitan City (hereinafter “instant building”), a deposit amount of KRW 300,000,000, monthly rent of KRW 1,000,000, and the term of lease of KRW 2 years from November 28, 2011 to November 28, 2013 (hereinafter “the instant lease agreement”). On two occasions on December 26, 2011, the Plaintiff transferred KRW 301,00,000,000 under the name of deposit and rent of KRW 251,00,50,000, and KRW 500,000, under the name of the lessor.

B. On December 20, 2012, 2012, the Plaintiff sold to the Defendant the entire building on the 5th floor above the 1st floor above the 1st floor above the Yancheon-gu Seoul Special Metropolitan City, the building of this case, including the building of this case. On the same day, the registration of ownership transfer was completed on December 20, 2012 by the Jeonju District Court No. 58924 on the same day.

2. The assertion and judgment

A. On December 20, 2012, the Plaintiff asserted that he purchased the instant building during the lease period and acquired ownership thereof, and succeeded to the lessor status under the instant lease agreement from the lessor, and thereafter, the instant lease agreement remains effective by implied renewal. Since the Plaintiff’s declaration of termination of the lease agreement with the instant lawsuit and the Defendant terminated one month after the date when the duplicate of the instant complaint was served on the Defendant, the Defendant is obliged to refund and pay to the Plaintiff the deposit amount of KRW 300,000,000 as well as damages for delay.

B. The Defendant, on December 20, 2012, filed a judgment on the five-story building above the ground level C above the 1st floor above the Jeonju-si, Jeonju-si, including the instant building.

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