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1. The Plaintiff paid KRW 350 million to Defendant B, and the Defendants simultaneously paid the Plaintiff the amount of KRW 350 million to Gangnam-gu Seoul.
Reasons
1. Facts of recognition;
A. On February 13, 2013, the Plaintiff and the Defendants concluded a lease agreement with regard to the lease deposit amounting to KRW 350 million, and February 18, 2015, with respect to the lease deposit amounting to KRW 606,00,000,000 and KRW 350,000,000,000,000 owned by the Plaintiff (hereinafter “instant apartment”).
B. In entering into a lease agreement, the Plaintiff and the Defendants determined that the lessor will hold office for the current lessee, except in extenuating circumstances. The repayment of the deposit is to be made to the Defendant B. Other matters are governed by the real estate practice.
C. From November 3, 2014, the Plaintiff, by content-certified mail, notified the Defendants of the instant apartment house’s name and KRW 100 million increase of the lease deposit due to the change in the market price of the lease deposit, etc. from the expiration of the lease term. As to this, the Defendants did not agree on the amount of the lease deposit to be increased upon the request of the Defendants for the increase of KRW 30 million, etc., the Plaintiff filed the instant lawsuit on March 5, 2015.
[Grounds for recognition] There is no dispute, and according to the above facts, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 through 10 (including provisional number), witness E's testimony and the purport of the whole pleadings, the lease contract of the apartment of this case between the plaintiff and the defendants is terminated on February 18, 2015, and the lease contract of this case between the plaintiff and the defendants is terminated on February 18, 2015, the plaintiff paid the lease deposit amount of KRW 350 million to the defendant Eul and the defendants are obliged to order the plaintiff to order the apartment of this case.
2. The Defendants’ assertion against the Defendants merely have the meaning of the base point of time for renegotiation of lease deposit, and the real term of lease is until the apartment of this case is reconstructed. Thus, the term of lease is based on the expiration of the term of lease.