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Reasons
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(영문) 대전지방법원 2015.05.15 2014가단45239
임차보증금
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1. The Defendant amounting to KRW 42 million to the Plaintiff and the Plaintiff’s annual rate of 5% from November 22, 2013 to December 28, 2014.

Reasons

1. Facts of recognition;

A. On August 27, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 42 million and the lease deposit amount from August 27, 2012 to August 27, 2014, with respect to the Daejeon-gu building (hereinafter “instant real estate”) owned by the Defendant, and paid the full amount of the lease deposit to the Defendant.

B. Meanwhile, upon the application of the Geumcheon Agricultural Cooperatives, the procedures for the auction on the instant real estate were carried out as D with the Daejeon District Court regarding the instant real estate, and the Plaintiff failed to report the right and demand a distribution by the deadline for the completion of the demand for distribution.

C. Following E’s purchase of the instant real estate at the above auction procedure and full payment of the sale price on November 12, 2013, the registration of ownership transfer in the name of E was completed on November 21, 2013. The Plaintiff handed over the instant real estate to E on November 21, 2013.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. According to the facts as seen earlier, the right to lease of the Plaintiff’s instant real estate was sold to E during the above auction procedure, and the Plaintiff extinguished by transferring the instant real estate to E, and thus, the lease contract between the Plaintiff and the Defendant was terminated.

Therefore, the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 42 million and the damages for delay calculated at the rate of 20% per annum from November 22, 2013, which is the day following the delivery date, to the day of full payment.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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