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1. The Defendant’s KRW 100,000,000 as well as 5% per annum from May 25, 2016 to July 25, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 18, 2007, C entered into a lease agreement with the Korea Land and Housing Corporation and the public rental apartment (hereinafter “instant apartment”) on 504 dong 303 (hereinafter “instant apartment”).
The above lease contract is renewed every two years, but it was cancelled on October 18, 2016.
B. C transferred the right to lease of the instant apartment to E, and E transferred the right to lease to the Defendant with the introduction of F who works as a broker assistant at the Licensed Real Estate Agent Office.
C. On December 3, 2010, the Defendant paid F KRW 105,364,000 for the acquisition price of the above right of lease, and received from F the original of the instant apartment lease agreement and the documents for securing rights.
On January 8, 201, with the introduction of F, the Plaintiff entered into a sub-lease contract (hereinafter “sub-lease contract of this case”) with the Defendant and the instant apartment from February 28, 201 to February 28, 2013 with respect to the sub-lease deposit amounting to 100,000,000,00,000, and with respect to the sub-lease period from February 28, 2011 to February 28, 2013, and as a special stipulation at the time, the Plaintiff determined that “the instant apartment is a public rental apartment sold by the State, and the lessee is not entitled to move to the address of the owner in the name (the Defendant).” The amount of security deposit is to be notarized.
E. By February 21, 201, the Plaintiff paid the Defendant KRW 100,000,000 for the instant sublease deposit, and obtained a fixed date in the instant sublease contract on May 10, 2016.
F. The Defendant, around October 201, transferred the right to lease of the instant apartment to FF, issued the original of the lease agreement of the said apartment, documents for securing rights, etc.
G. Along with the death of C, the Plaintiff transferred the instant apartment and moved to another place on May 13, 2016, and notified the Defendant of the refund of the instant sublease deposit around May 20, 2016.
【Ground of recognition” has no dispute, and Gap evidence 1 through 5 respectively.