(영문) 울산지방법원 2015.11.24 2015가단15183

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(영문) 울산지방법원 2015.11.24 2015가단15183

임대차보증금

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1. The Defendants jointly and severally pay to the Plaintiff KRW 25 million.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Basic facts

A. Defendant C is a real estate intermediary, and Defendant C is the husband of Defendant B. (2) On February 3, 2014, the Plaintiff paid the lease deposit amount of KRW 25 million from Defendant C to Defendant B for the lease deposit amount of KRW 302 (hereinafter “instant building”) and KRW 100,000 per month from February 28, 2014 to February 28, 2015 (hereinafter “instant lease contract”), and around February 28, 2014, the lease period of KRW 25 million to Defendant B.

3) Upon entering into the instant lease agreement, the Plaintiff and the Defendants agreed with Defendant C to bear the obligation to return the lease deposit to the Plaintiff along with Defendant C, and entered into the special agreement on the said lease agreement as follows: “The E Licensed Real Estate Agent C will be fully liable upon maturity.” (B) Defendant B acquired the ownership of the instant building on March 5, 2008, but completed the registration of ownership transfer on March 10, 2015 on the ground of donation as of March 6, 2015.

2) On January 2015, the Plaintiff, while residing in the instant building, notified Defendant B of his/her intention not to renew the instant lease agreement. [The fact that there is no dispute over the grounds for recognition, the entries in the evidence Nos. 1 and 2, and the purport of the entire pleadings.]

2. Determination

A. According to the determination on the cause of the claim, the instant lease agreement was terminated on February 28, 2015 due to the expiration of the period of February 28, 2015. As such, Defendant B is a lessor at the time of termination of the lease agreement, Defendant C shall return the lease deposit paid by the Plaintiff to Defendant B, based on the special terms and conditions of the said lease agreement.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the lease deposit amount of KRW 25 million under the instant lease agreement.

B. As to the Defendants’ assertion, the Defendants’ assertion against the Defendants is against the building of this case.

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