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(영문) 대구지방법원김천지원 2015.08.12 2014가단14951
임대보증금반환
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 25 million.

2. The plaintiff's defendant C and the case real estate trust.

Reasons

1. Basic facts

A. On October 26, 2009, Defendant B entrusted the old-si DD No. 105 (hereinafter “instant real estate”) to Defendant D non-real estate trust.

B. On April 10, 2010, the Plaintiff entered into a lease agreement with Defendant B and the instant real estate by setting the deposit amount of KRW 22 million, rent of KRW 30,000 per month, and the period from April 10, 2010 to March 31, 2012 (hereinafter “instant first lease agreement”), and around that time, paid KRW 22 million to Defendant B.

C. On August 19, 2010, the Plaintiff completed the lease registration in accordance with the instant first lease contract on the original trust register of the instant real estate.

On June 14, 2012, the Plaintiff entered into a lease agreement with Defendant B and the instant real estate by setting the deposit amount of KRW 25 million, monthly rent of KRW 30,000,000, and the period from March 1, 2012 to March 31, 2013 (hereinafter “instant lease agreement”). At that time, the Plaintiff paid KRW 3 million additional deposit to Defendant B.

E. On September 3, 2014, the Defendant K non-real estate trust completed the registration of ownership transfer on the instant real estate to FIO Co., Ltd.

F. Around March 2015, the Plaintiff handed over the instant real estate to Filiju Co., Ltd.

G. Defendant C is an internal director of Defendant B, who is the actual operator and representative of Defendant B.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to Defendant B, since the contract of the second lease of this case was terminated upon the expiration of the period, Defendant B is obligated to pay deposit amount of KRW 25 million to the Plaintiff.

As to this, Defendant B asserted that the Plaintiff possessed the instant real estate until now, but the Plaintiff’s transfer of the instant real estate to Fili, Inc. around March 2015, as seen earlier, and thus, Defendant B’s above assertion is without merit.

B. The Plaintiff’s determination as to Defendant C is the actual fact of Defendant C.

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