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(영문) 서울서부지방법원 2014.12.10 2014가단20571
보증금반환등
Text

1. Defendant B, C, as well as the Plaintiff’s name, the entire fourth floor of which is 156.36 square meters from among the buildings listed in the separate sheet.

Reasons

1. Determination as to claims against Defendant B and C

A. On January 24, 2008, the Plaintiff concluded a lease contract with Nonparty E, who was the owner of 156.36 square meters of all the 4th floor among the buildings indicated in the attached Table list (hereinafter “the instant building”). At around that time, the Plaintiff did not dispute between the parties as to the fact that the instant building was ordered by the Seoul Western District Court Decision 201Kao1836, which received the lease registration order as to the instant building, and that Defendant B and C purchased the instant building on February 24, 2012 and completed the registration of ownership transfer at that time, even if the said lease contract was terminated, E did not refund the said lease deposit to the Plaintiff.

B. According to the above facts, Defendant B and C, the assignee of the instant building, who succeeded to the status of E, a lessor, is obligated to refund the above lease deposit to each of the Plaintiff, unless there are special circumstances.

As to this, Defendant B and C sublet the instant building to a third party without the lessor’s consent, at the same time, Defendant B and Defendant C asserted that they would refund the said lease deposit after receiving an order from the Plaintiff from the Plaintiff. As such, Defendant C is the Plaintiff’s possession of the instant building by subleting the instant building to Defendant D without permission, and the name of the Plaintiff and the return of the lease deposit are in the simultaneous performance relationship. Therefore, the above Defendants’ defenses by Defendant B are reasonable inasmuch as they have the duty to refund KRW 100 million to each Plaintiff at the same time with the order from the Plaintiff, and Defendant C’s defense is reasonable within the scope of the above recognition.

2. The Plaintiff’s judgment on the claim against Defendant D is the cause of the instant claim.

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