(영문) 광주고등법원 2020.05.27 2019나23328

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(영문) 광주고등법원 2020.05.27 2019나23328

보증금반환

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1. Revocation of the first instance judgment.

2. The Defendants are expected to receive each of the real estate listed in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. On October 5, 2011, the Plaintiff leased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from the Defendants, with the lease deposit of KRW 250,000,000, monthly rent of KRW 2500,000, monthly rent of KRW 2,500,000, and the lease term of November 30, 201 from December 1, 201 to November 30, 201.

(2) On October 7, 2011, the Defendants entered into the first lease agreement with the Plaintiff at the request of the Plaintiff (hereinafter “the first lease agreement”). The first lease agreement included a collateral agreement with the effect that “the Defendant would receive a deposit for lease, and at the same time deliver all documents necessary for the registration of the establishment of a right to lease on a deposit basis or the right to lease on a deposit basis to the Plaintiff, and cooperate in the registration of the establishment of the right to lease on a deposit basis.” On October 5, 201, the Defendants entered into a lease agreement with the Plaintiff on the basis of the contract signed by October 5, 201 with respect to the instant land (the deposit for lease on a deposit basis), which was concluded between December 1, 2011 and November 30, 2016. The registration of the establishment of a right to lease on a deposit basis was transferred to E Co., Ltd., the actual burden of the deposit for lease on the same day, and the establishment of a right to lease on a deposit basis was registered under the name of E Co.

Article 4(3) of the Real Estate Lease Contract (Evidence A No. 3) (hereinafter “instant security provision”): The Defendants, upon the request of the Plaintiff, shall receive a security deposit for lease, and at the same time deliver all documents necessary for the registration of the establishment of a right to collateral security or right to lease on a deposit basis to the Plaintiff and cooperate in the registration of the establishment.

Article 10(1) (hereinafter “instant provisions for termination of contract”): The Defendants and the Plaintiff are as follows:

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