(영문) 수원지방법원평택지원 2019.07.03 2019가단51701

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(영문) 수원지방법원평택지원 2019.07.03 2019가단51701

임대차보증금

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1. The defendant is 2nd 152.2nd 152. The defendant is 3rd 2nd 152.

Reasons

1. Basic facts

A. On November 9, 2009, the Plaintiff entered into a lease agreement with C, who was the owner of the building listed in the disposition No. 1 (hereinafter “instant building”), setting the lease deposit amount of KRW 90 million with respect to the instant building and the term of lease from December 6, 2009 to December 5, 2011.

B. On November 9, 2009, the Plaintiff paid KRW 90 million to C, and C prepared a receipt therefor on the same day, and the Plaintiff completed the registration of establishment of chonsegwon on April 19, 2010 with respect to the instant building as the Suwon District Court No. 18459.

C. C completed the registration of ownership transfer of the instant building to the Defendant, who was the ASEAN on December 23, 2013.

As the instant lease agreement was implicitly renewed several times and the termination date of the lease agreement became December 5, 2018, the Plaintiff sent a certificate of the content of October 22, 2018 to the effect that the Plaintiff would refuse to renew the instant lease agreement, and the said certificate reaches the Defendant around that time.

【Ground of recognition】 The fact that there is no dispute, Gap's evidence Nos. 1-4, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s instant lease agreement terminated on December 5, 2018, the expiry date, the Defendant is obligated to refund the lease deposit amount of KRW 90 million to the Plaintiff.

B. The former owner of the instant building, E, around April 2008, leased the third floor of the instant building in KRW 65 million to the Plaintiff, and around November 2009, the leased object was changed and the lease deposit was increased from KRW 65 million to KRW 90 million. However, there was no fact that the Plaintiff received KRW 25 million increased from the lease deposit.

Therefore, the defendant is obligated to refund only the lease deposit of KRW 65 million.

3. According to the above facts of determination, the instant lease was renewed several times, and the Plaintiff, a lessor, on October 2018.

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