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(영문) 서울중앙지방법원 2020.02.14 2018가단5108783
임차보증금반환 청구의 소
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. On October 1, 2014, the Plaintiff entered into a monthly rent agreement with the D Building Steering Committee (hereinafter “Steering Committee”) for three-story stores (hereinafter “instant store”) in Jung-gu Seoul Special Metropolitan City (hereinafter “instant building”) and for a period of 38 months from October 2, 2014, 150 million won as deposit money, and 1.5 million won as monthly rent (hereinafter “instant agreement”).

B. The instant building was newly constructed and sold at the end of 194, and E, etc. owned a large number of stores in the said building, organized a steering committee, collected publicity expenses, etc. from shop occupants, concluded a lease agreement on behalf of the shop occupants, and returned lease deposit, etc., and the F Co., Ltd. (hereinafter “F”) was performing the duties of receiving management fees from shop occupants as the owner of the building 4 and 5th floor and the superstore manager of the said building.

C. On February 13, 2018, the Defendant was established with G as the representative director, who was the representative of the Steering Committee, and G was established for the same year.

5. 2. The defendant's office is dismissed from the defendant's representative director and H was appointed as representative director, and the head of Seoul Central District Court is the same year

7. 30. With respect to the building in this case, a report on the change of the status of the superstore manager under the Distribution Industry Development Act to the defendant was accepted from the existing F.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 7, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant contract terminated on December 1, 2017. As such, the Steering Committee, a lessor under the instant contract, is obligated to refund the lease deposit to the Plaintiff. Since the Defendant succeeds to the lessor’s status as the same organization created by E, etc., which actually established the Steering Committee, the Defendant is obligated to return KRW 123,050,000, which deducted the overdue rent from the lease deposit.

3. Determination.

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