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(영문) 서울동부지방법원 2015.03.25 2014나4929
임대차보증금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On November 25, 2010, the Plaintiff (the former name is referred to as “D”) concluded a contract with Defendant B to lease the E Commercial Building 202 (hereinafter “instant store”) to Defendant B by setting the deposit amount of KRW 10 million, monthly rent of KRW 650,000,000, monthly rent of KRW 650,000, and period of lease from November 25, 2010 to November 24, 2012.

B. On January 30, 2012, the term of the lease contract with Defendant B, the Plaintiff entered into a lease agreement with F on a deposit of KRW 10 million, monthly rent of KRW 650,000,000 for the instant store, and on January 30, 2012, the lease agreement was concluded between F and F.

Upon entering into a lease agreement between the Plaintiff and the Defendant B, the Plaintiff and the Defendant A.

In the lease contract entered into as stated in the subsection, the term "this contract is null and void," and affixed a seal thereto.

C. On April 5, 2013, Defendant B received a decision of provisional seizure of real estate against the instant store by the Goyang-gu District Court 2013Kadan348, the High-gu District Court 2013Kadan348, which held the right to refund the lease deposit of the instant store as the preserved claim, and the provisional seizure of real estate was completed on the same day. After which Defendant B filed a lawsuit seeking the return of the lease deposit amount of KRW 10 million against the Plaintiff as the High-gu District Court 2013Da11811, the High-gu District Court 2013 Goyang-gu, the High-gu District Court 201, which dismissed Defendant B’s claim on November 22, 2013, and became final and conclusive.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including virtual number) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion and Defendant B agreed to succeed to the status of the lessee of Defendant B under the instant store lease agreement, and accordingly, the lease deposit paid by Defendant B was converted to the lease deposit with F. The deposit was deducted from the overdue rent, etc. of F.

Therefore, even though there is no claim to return the lease deposit to Defendant B, Defendant B does not have any such claim.

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