(영문) 의정부지방법원 2016.12.15 2016나54521

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(영문) 의정부지방법원 2016.12.15 2016나54521

보증금반환

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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. The Plaintiff’s assertion was transferred from the Defendant and C, the actual co-owner of the Plaintiff, to the Defendant and C, D Apartment-si, 609 Dong 1203 (hereinafter “instant rental apartment”), and paid KRW 90,000,000 to the Defendant and C.

However, the sub-lease contract was made between the plaintiff and the tenant E.

However, the Defendant and C did not pay rent for 17 months that occurred around June 24, 2015 to the Korea Land Corporation, a lessor, and received notification from the Korea Land Corporation of cancellation of a lease agreement and notification of delivery of a building. As such, the Plaintiff is obliged to leave the leased apartment of this case.

Therefore, the plaintiff terminated the sub-lease contract of this case on the ground of the above default by the defendant and C by the delivery of the complaint of this case. The defendant is jointly and severally liable with C to pay the deposit deposit amounting to KRW 90,000,000 and delay damages to the plaintiff.

2. According to the overall purport of Gap evidence Nos. 1, 2, and 3-1 through 4, and Eul evidence Nos. 3-3, and Eul evidence Nos. 1 and 3, E entered into a lease agreement with the Korea Land and Housing Corporation on October 14, 2013 with respect to the rental deposit of this case, which is KRW 72,312,00, monthly rent of KRW 413,960, and lease term from October 1, 2013 to September 30, 2015, Eul purchased the above lease right with respect to the rental apartment of this case from Eul, and ③ The plaintiff purchased the lease right of this case from C on December 7, 2013, the amount of KRW 90,000,000,000 (hereinafter "sub-lease contract of this case") and the amount of KRW 30,000,000,000 for each of the parties to the sub-lease contract of this case, and the plaintiff paid each of this case.

However, the above facts of recognition and evidence No. 5-1 are alone.

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