(영문) 의정부지방법원 2015.10.16 2015가단11212

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(영문) 의정부지방법원 2015.10.16 2015가단11212

임대차보증금

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1. The Defendant shall pay to the Plaintiff KRW 45,00,000 as well as 20% per annum from May 5, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On March 31, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with D, which is a co-owner of the Matapo-si 610 (hereinafter “instant real estate”), setting the lease deposit amount of KRW 45 million with respect to the instant real estate from March 31, 2013 to March 30, 2015, and paid KRW 45 million with D as the lease deposit.

B. On April 1, 2013, the Plaintiff completed a move-in report on the instant real estate and resided in the instant real estate after being handed over.

C. On December 20, 2013, the Defendant entered into a sales contract with D, E, and F, a co-owner on the instant real estate, and completed the registration of ownership transfer on February 11, 2014.

On January 10, 2015, at around 09:27, a fire occurred in the neighboring building of the instant real estate, and the instant real estate was removed (hereinafter “instant fire”). As a result, the Plaintiff was no longer unable to reside in the instant real estate, the Plaintiff notified the Defendant of the termination of the instant lease agreement on January 26, 2015, and was directors on April 11, 2015.

[Reasons for Recognition] Evidence Nos. 1 through 6, Evidence No. 7-1 and 2, the purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, the Defendant purchased the instant real estate from D, etc. and succeeded to the lessor status of the instant lease agreement concluded between the Plaintiff and D, and the Plaintiff was unable to achieve the purpose of the lease because the instant real estate, which is the leased object, was leased due to the instant fire, and the Plaintiff notified the Defendant of the termination of the instant lease agreement on or around January 26, 2015, as seen earlier, and thus, the instant lease agreement was lawfully terminated.

Therefore, the defendant shall pay to the plaintiff the lease deposit amounting to 45 million won and the following day after the delivery date of a copy of the complaint of this case claimed by the plaintiff.

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