(영문) 부산지방법원 2020.01.31 2019나43900

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(영문) 부산지방법원 2020.01.31 2019나43900

임대차보증금

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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. On January 6, 2016, the Plaintiff leased (hereinafter “the instant lease”) the part of the underground exclusive ownership of the building C in Busan-gu, Busan-gu (hereinafter “instant leased object”) from the Defendant for a deposit of KRW 5 million, monthly rent of KRW 200,000,000, from January 29, 2016 to January 28, 2021 (hereinafter “instant lease”).

B. On April 2018, the Plaintiff and the Defendant agreed to terminate the instant lease agreement in cases where a lease agreement on the leased object is concluded with a new lessee, and the Defendant concluded a lease agreement on D and the leased object on April 9, 2018.

C. On April 14, 2018, the Plaintiff delivered the leased object of this case to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, witness D's testimony, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that since the contract of this case was concluded with D by the defendant, the defendant must return the deposit amount of KRW 5 million to the plaintiff, since the contract of this case was concluded with D.

On the other hand, the defendant asserts that the new lease contract with D was reversed, and that the lease contract of this case was not terminated.

On the other hand, the Plaintiff and the Defendant agreed to terminate the instant lease agreement where the lease agreement on the instant leased object is concluded with a new lessee, and the Defendant concluded a lease agreement on April 9, 2018 with D on the instant leased object, and on April 14, 2018, the Plaintiff delivered the instant leased object to the Defendant to the Defendant on April 14, 2018 as recognized earlier. As such, the instant lease agreement is deemed terminated on April 9, 2018, and even if the contract was rescinded after the conclusion of the lease agreement between the Defendant and D, it cannot be deemed that the instant lease agreement, which was terminated, continues to exist.

Therefore, this is applicable.

유사 판례

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