(영문) 인천지방법원 2019.10.16 2018가단21288

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(영문) 인천지방법원 2019.10.16 2018가단21288

임대차보증금반환

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As of July 9, 2009, as between C and the Defendant, the lessee and the Defendant as the lessor, and the Defendant were the lessor, the deposit amount was KRW 100,000,000 for the entire Adong and the first floor of Dong Dong Dong Dong Dong Dong Dong, Incheon (hereinafter “instant real estate”) on the D ground of Bupyeong-gu Incheon Metropolitan City, and the lease term was formulated between C and the Defendant from July 14, 2009 to July 14, 201.

10,000,000 won deposited in the Defendant’s account in the Plaintiff’s name, and the instant real estate was delivered to the lessee and operated a general restaurant in the name of “E”.

B. As of July 14, 201, between C and the Defendant, the deposit amount of KRW 100,00,000 for the instant real estate, KRW 3,700,00 for the monthly rent, and KRW 3,700,00 for the lease term from July 14, 201 to July 13, 2013, respectively. Paragraph (3) of the special terms of the said lease agreement states that “The lease deposit is KRW 100,000,000 for the lease deposit at the time of the contract, but the lessee is currently transferring the deposit amount of KRW 60,00,000 for the lease deposit to F in August 2010.”

C. On the other hand, B.

On July 14, 201, as of the date of preparation of the lease agreement in the port, the deposit amount of the instant real estate between G and the Defendant was 40,000,000 won, 3,700,000 won for monthly rent, and 24 months from July 14, 201, respectively.

G and the Defendant, as of September 28, 201, concluded a written agreement with F to “as of KRW 60,000,000,000, out of KRW 100,000,000,000, the security deposit return claim was transferred to F to the instant real estate, and as of KRW 40,000,000,000, excluding this, was not repaid, and as long as there is no written withdrawal of the transfer of the right, the said amount shall be paid, and if the written withdrawal of the transfer of the right is submitted, the said amount shall be repreparation of the contract for KRW 100,00,00,00.

After the date of preparation of the above lease contract and written agreement, H and the defendant, his/her father, as of July 14, 2016.

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