(영문) 서울중앙지방법원 2016.01.26 2015가단101199

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(영문) 서울중앙지방법원 2016.01.26 2015가단101199

임대차보증금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Lease contract between the defendant and C and settlement 1) The defendant on December 10, 209 and C (hereinafter "C") shall be the defendant on December 10, 2009

(B)A site listed in the separate sheet owned by the Defendant and its ground building (a total of the above shall be referred to as “the instant real estate”).

A) A lease deposit of KRW 200,000, monthly rent of KRW 15,00,000 (excluding value-added tax) and a lease contract of KRW 200,000 from December 15, 2009 to December 14, 2014 was concluded, and the Defendant and C were paid KRW 200,00,000 from C as a deposit for lease. (2) As to the above lease contract, the Defendant and C drafted a protocol of settlement in the case of land and building lighting land of Seoul Eastern District Court 2009,725 on March 3, 2010, and the main contents are as follows:

1. The applicant (Defendant) and the respondent (C) concluded a lease agreement with the lessor on the real estate stated in the separate sheet as follows: (a) the lease term shall be from December 15, 2009 to December 14, 2014; (b) the lease deposit shall be KRW 200 million; (c) the monthly rent shall be KRW 15,00,000 (excluding value-added tax); and (d) the monthly rent shall be KRW 15,50,000,000 for the ten-month portion of the construction of the building listed in the separate sheet at the time of the construction of the building listed in the separate sheet at issue, and (e) the lease agreement was concluded to pay in advance on the 14th day of each month thereafter.

12. C shall order the Defendant to receive from C the balance remaining after deducting the rent specified in paragraph 1 above from KRW 200,000,000 for a lease deposit, and to pay it.

B. On October 19, 2010, the sub-lease C between C and the Plaintiff is the Plaintiff’s wife under the Plaintiff’s contract. However, in light of the circumstances before and after the conclusion of the contract, the Plaintiff appears to be the actual party to the contract.

In relation to this case, the lease deposit and monthly rent are the same as the lease contract under the preceding paragraph, and the contract term is the same.

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