logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.08.12 2020가합515294
보증금반환
Text

1. The defendant shall pay 249,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. C and D completed the registration of ownership transfer due to the trust as of April 16, 2018, when the registration of ownership transfer was completed with respect to each one-half shares of the buildings listed in the separate sheet (hereinafter “instant housing”) on April 6, 2018, and on April 16, 2018, upon completing the registration of ownership transfer due to the trust as of April 16, 2018, and again completed the registration of ownership transfer on June 18, 2018 with respect to each one-half shares of the instant housing on June 4, 2018.

B. On June 1, 2018, the Plaintiff entered into a lease agreement with C and D with the terms that the Plaintiff leases the instant house from C and D with the lease deposit amount of KRW 249 million, and the term from June 15, 2018 to June 14, 2020 (hereinafter “instant lease”), and paid KRW 249 million to C and D with the lease deposit amount of KRW 200 million, and completed the domestic domicile report on the instant house on June 20, 2018.

C. The Defendant completed the registration of ownership transfer on June 21, 2018 due to sale on March 10, 2018.

On November 26, 2019, the Plaintiff sent a content-certified mail to the Defendant, stating that “The Plaintiff had no intent to extend the instant lease agreement, and thus returned the lease deposit KRW 249 million to June 14, 2020, which is the maturity date of the instant lease agreement, until June 14, 2020.”

【Ground for Recognition: Each entry in the evidence of Nos. 1 through 4, and the purport of the whole pleadings】

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion: (a) the Defendant purchased the instant house from C and D, and succeeded to the lessor’s status of the instant lease agreement; (b) although the instant house was in a condition that it could not be used as at the present time due to the destruction of walls in the dwelling space due to the destruction of walls; (c) the Defendant avoided the Plaintiff’s contact while failing to perform the repair obligation under Article 623 of the Civil Act; and (d) the instant lease agreement was terminated on the ground of the lessor’

arrow