(영문) 서울중앙지방법원 2016.04.08 2015가합568782

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(영문) 서울중앙지방법원 2016.04.08 2015가합568782

임대차보증금

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1. The defendant shall pay the plaintiff KRW 460,000,000.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 3:

On November 1, 2013, the Plaintiff leased 600,000,000 the lease deposit to the Defendant Gangnam-gu Seoul Metropolitan Government 101 (hereinafter “instant loan”) owned by the Defendant (hereinafter “instant loan”).

(hereinafter “instant lease agreement”). B.

Under the instant lease agreement, the Plaintiff paid KRW 100,000,000 to the Defendant on the date of the contract, and the remaining KRW 500,000,000 on January 22, 2014.

C. Under the instant lease agreement, if the Plaintiff pays the remainder due to a special agreement, the Defendant agreed to complete the registration of reduction in accordance with the agreement, after repaying the secured debt of the right to collateral set up in the amount of KRW 954,200,000 on the instant loan from the mortgagee of the right to collateral security within the scope of KRW 134,000,000, with respect to the loan of this case.

(hereinafter “instant special agreement”). D.

Although the Plaintiff paid all the lease deposit, the Defendant failed to perform the obligation stipulated in the instant special agreement clause, the Plaintiff demanded the Defendant to terminate the instant lease agreement and return the deposit to the Defendant on July 2014.

Accordingly, the Defendant paid 140,000,000 won, which is a part of the lease deposit, to the Plaintiff.

E. After that, the Defendant did not perform the obligations stipulated in the instant special agreement clause. On July 10, 2015, the Seoul Central District Court D, upon the application of the Seocheon Credit Cooperatives (hereinafter “Seocheon Credit Cooperatives”) with respect to the instant loan, the procedure for the auction of real estate was initiated.

2. According to the facts of the determination on the cause of the claim, the instant lease agreement is deemed to have been lawfully terminated by being served on the Defendant at least a copy of the complaint stating the Plaintiff’s declaration of intent to terminate the instant lease agreement. Therefore, barring any special circumstance.

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