logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.09.20 2018나65098
임대차보증금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. Of the appeal costs, the part relating to the Plaintiff’s appeal is the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 4, 2016, the Plaintiff leased Fho Lake (hereinafter referred to as “Fho”) among the instant buildings from C, the owner of the Seo-gu Incheon E Commercial Building (hereinafter referred to as the “instant building”) by setting the lease deposit of KRW 20 million, monthly rent of KRW 220 million (excluding value-added tax, KRW 50,000,000 from January 20, 2016 to June 20, 2016), and the lease term from January 20, 2016 to January 19, 2017.

(hereinafter “instant lease agreement”). B.

On July 28, 2016, the Defendant purchased the instant building from C in KRW 1.41 billion, and acquired the obligation to return the lease deposit to the first floor and second floor lessees of the instant building including the Plaintiff (hereinafter “instant sales contract”), and completed the registration of ownership transfer on November 22, 2016.

C. On November 18, 2016, the Defendant drafted a commercial lease agreement with the Plaintiff, wherein the lessor, the Plaintiff, the lessee, the lease deposit amount of KRW 20 million, and the monthly rent of KRW 220,000 (value added tax, value added tax, and management fee of KRW 50,000) were included in the meaning of confirming the succession of the instant lease agreement between the Plaintiff and the Plaintiff.

Then, on March 8, 2017, the Plaintiff and the Defendant agreed to terminate the instant lease agreement, and on March 20, 2017, a written agreement was concluded between the lessee and the lessee (the Plaintiff) to the effect that, in cancelling the lease agreement on March 20, 2017, the lessee shall restore the lease to the original state, and the lessee shall return the rent of 6.6 million won and the value-added tax to the lessor. The lessor shall issue a tax invoice.

(hereinafter “instant agreement”) e.

On March 20, 2017, the Plaintiff delivered Fho Lake to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 3, the whole pleadings, the purport of the whole pleadings, and the purport of the whole pleadings

2. Determination as to the claim for refund of lease deposit

A. According to the above facts of recognition as to the cause of the claim, the defendant shall make the agreement of this case to the plaintiff unless there are special circumstances.

arrow