(영문) 인천지방법원 부천지원 2017.01.11 2016가단105406

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(영문) 인천지방법원 부천지원 2017.01.11 2016가단105406

임대차보증금반환등

Text

1. The Defendant (Counterclaim Plaintiff) shared KRW 4,899,920 with respect to the Plaintiff (Counterclaim Defendant) from June 9, 2016.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed the facts of recognition;

A. D and E, as the owner of “Acheon-si F’s site and buildings not registered thereon” (hereinafter “the instant real estate”), leased the instant real estate to G for the purpose of skiing lending from around 2002.

B. From November 30, 2009, the Plaintiff concluded a new lease agreement with G to November 29, 2014 (hereinafter “instant lease agreement”). From November 30, 2012, the Plaintiff concluded a new lease agreement with D, E, and deposit 20 million won per annum, annual rent of KRW 10 million per annum, and the period from November 30, 2012 to November 29, 2014.

C. After that, the Plaintiff paid only KRW 5 million out of the deposit to D and E on December 20, 2012.

The remaining security deposit of KRW 15 million was substituted by the money paid by the former lessee G to D and E as security deposit, but the said leased building, which was not completed at the time of completion, was deemed as security deposit on the condition that it was completed at the Plaintiff’s responsibility and charge, and was agreed to return it to the Plaintiff at the time of termination of the lease.

The Defendants received the gift of the instant real estate from D and E on September 27, 2013, and completed the registration of ownership transfer for each of 1/2 shares, and succeeded to the lessee status of the Plaintiff.

E. After that, the Plaintiff was unable to complete the construction completion (building permit and approval for use) of the above leased building, and the Defendants notified that they would terminate the lease agreement on the ground of the Plaintiff’s nonperformance of duty, thereby terminating the lease agreement as of November 29, 2015.

[Ground of recognition] Facts without dispute, Gap 1-4 evidence, Eul 1-7 evidence (including above numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts, the defendants should jointly return the lease deposit to the plaintiff, unless there are special circumstances.

B. As to this, the Defendants shall, even after the termination of the lease by the Plaintiff.

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