(영문) 서울서부지방법원 2019.05.30 2018가단243273

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(영문) 서울서부지방법원 2019.05.30 2018가단243273

임대차보증금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 18, 2008, the Plaintiff entered into a lease agreement between C and C on a deposit for about 30 square meters of a golf product shop (hereinafter “the leased object of this case”) among the buildings on the ground of the land (hereinafter “the building of this case”) on the land (hereinafter “the building of this case”) located in YY-dong-dong-gu, Seoyang-gu, Busan-si and Y-si and the three lots of land owned by C (hereinafter “the building of this case”). On December 1, 2008, the Plaintiff sold the golf product by obtaining the delivery of the leased object from C on December 1, 2008.

B. On February 11, 2011, the Defendant completed the registration of ownership transfer based on sale on December 23, 2010 with respect to the instant building, and completed the registration of ownership transfer based on F and G on October 19, 2017 with respect to each one-half portion of the instant building on September 22, 2017.

C. On December 4, 2017, the Plaintiff entered into a subsequent lease agreement with F, G, and the subject matter of lease in this case, and newly entered into a lease agreement with 00,000 won for deposit (a deposit was stipulated to be paid at the time when the building in this case is delivered), 80,000 won for rent, and period from December 1, 2017 to November 30, 2018.

Since January 2, 2019, the Plaintiff paid KRW 50 million to F, and concluded a lease agreement with F on January 31, 2019 with respect to the leased object of this case, F, G, and the instant case, with a deposit of KRW 50 million, monthly rent of KRW 1 million, and the period from February 28, 2019 to February 27, 2021.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion that the defendant succeeded to the lessor's status under the lease contract of this case by C, and that the lease contract of this case was terminated after F and G acquired ownership of the building of this case. Thus, the defendant is obligated to return deposit KRW 50 million to the plaintiff.

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