(영문) 울산지방법원 2015.07.02 2014나8271 | 리걸엔진

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(영문) 울산지방법원 2015.07.02 2014나8271

임대차보증금반환

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

A. The facts of recognition are as follows: (a) on July 1, 2013, the Plaintiff leased the entire first floor (hereinafter referred to as “instant building”) of the building in Ulsan-gu C from the Defendant on the following occasions: (b) KRW 50 million; (c) KRW 3.3 million; (d) KRW 560,000,000; (e) monthly management expenses; (e) from July 1, 2013 to October 30, 2014; (c) the lease deposit was fully paid to the Defendant; (d) the Plaintiff operated the restaurant in the instant building with the consent of the Defendant on February 1, 2014; and (e) the Plaintiff transferred the right and facilities related to restaurant business including the right to lease to D, including the right to lease, and the delivery of the instant building to the Defendant, or may be recognized by comprehensively taking into account the purport of the entire pleadings as indicated in the evidence A, A and C.

On the other hand, at the time when the Plaintiff delivers the instant building to the Defendant, the Plaintiff did not pay the rent for two months and the management fee for 7.2 million won (=(the management fee for the rent of KRW 3.3 million x 5.6 million x 2) for the two-month period, and the fact that the Plaintiff received the lease deposit from the Defendant on February 28, 2014 and March 4, 2014, respectively.

B. If so, the instant lease agreement between the Plaintiff and the Defendant was terminated on February 2014.

Therefore, the defendant is obligated to pay to the plaintiff the remaining lease deposit of KRW 17,980,00 (=50,000,000 for lease deposit - overdue rent of KRW 7.20,00 for overdue rent and management expenses - KRW 24,30,00 for the lease deposit to be refunded) and damages for delay.

2. Judgment on the defendant's defense, etc.

A. In light of the following points, the Defendant’s assertion that: (a) the premium of KRW 30 million in the instant building should be reverted to the Defendant; (b) the Plaintiff acquired it without any legal ground; and (c) the Plaintiff cannot respond to the Plaintiff’s claim.

The plaintiff's claim for the return of the premium which the plaintiff gained by unjust enrichment is a automatic claim.

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