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Reasons
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(영문) 부산지방법원 2019.01.08 2016가단64028
임대차보증금반환
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1. The Defendant’s KRW 61,310,169 as well as the Plaintiff’s annual rate from May 16, 2018 to January 8, 2019.

Reasons

1. Facts of recognition;

A. At the time of August 3, 2013, the Plaintiff leased the building D and E (hereinafter “instant real estate”) owned by Chungcheong-si, Chungcheongnam-gu, Seoul (hereinafter “Seowon-gu,” due to the change of the administrative district name on July 1, 2014), the lease deposit amount of KRW 70 million, and the lease term of KRW 70 million from September 7, 2013, and leased from C for two years from September 2013.

(hereinafter “instant lease agreement.” The Plaintiff received the instant real estate at the time of the instant lease agreement, paid lease deposit to C, and obtained a fixed date on August 19, 2013, and completed the move-in report on October 10, 2013.

B. On July 20, 2015, the Defendant purchased the instant real estate from C and completed the registration of ownership transfer based on the said sale on July 30, 2015, and the Plaintiff delivered the said real estate to the Defendant on September 7, 2015.

C. On January 5, 2016, the Plaintiff applied for the order of lease registration of the instant real estate against the Defendant for the order of lease registration (Cheongju District Court 2015Kao139), and on February 5, 2016, the registration of the lease of the instant real estate was completed due to the said order.

On the other hand, the Plaintiff received some of the money as the lease deposit as follows.

5,00,000 won on August 2015, and 1,300,30,000 won on June 28, 2016, and 1,50,000 won on July 5, 2016, and 30,000 won on July 6, 2016, and 30,00 won on July 11, 2016, and 200,00 won on July 26, 2016, 200, 00, 10,000 won on August 23, 2018, 200, 200, 30,00 won on August 23, 2018, 200, 10,30, 10,000 won on the overall pleadings, 10,000 won on January 19, 208, 2018;

2. Determination

A. According to the fact that the obligation to return the lease deposit was recognized, the instant lease was terminated on September 7, 2015, and the expiration date of September 7, 2015

Therefore, the defendant who succeeded to the status of the lessor under the above lease agreement shall be entitled to the plaintiff 7.7.

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