(영문) 서울중앙지방법원 2018.06.15 2017가단5236193

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(영문) 서울중앙지방법원 2018.06.15 2017가단5236193

임차보증금반환청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and Nonparty C decided to operate the instant parking lot for 2 to 4 underground floors underground in Busan Jung-gu, Busan and E (hereinafter “instant parking lot”) owned by the Defendant as a partnership business.

B. Accordingly, on August 6, 2012, the Plaintiff and Nonparty C concluded a lease agreement with the Defendant on the instant parking lot (hereinafter “instant lease agreement”) with the following terms: (a) the lessor: the Plaintiff, the lessee, the Plaintiff, and the lessee: (b) the lease deposit: KRW 300,000,000; (c) rent: KRW 20,000 per month (excluding value-added tax); and (d) the lease period: from August 15, 2012 to August 14, 2015.

C. However, the Defendant entered Article 4 subparagraph 2 of the lease contract (Evidence A No. 1) from C and the notification (Evidence A2) sent by the Plaintiff in the year of 2011.

7.12. Lease Contract Amounting to 50,000,000 won, and the same year;

9. The balance was received 250,000,000 won.

During the lease term of this case, the instant parking lot business was registered under the name of C alone, and the lessee paid monthly rent and management expenses to the Defendant, and the Defendant issued the tax invoice to C to the lessee.

E. Around the expiration of the lease term of this case, the Defendant knew of the building sale plan and demanded the tenant C to order the sale of the building, and C entered into a lease agreement with the Defendant on October 19, 2015 with respect to the instant parking lot on condition that the Defendant ordered the store at the time of sale of the building: 300,000,000, lessee: C and one year of lease.

F. After that, the above lease contract was terminated according to the Defendant’s sale of the building, and the Defendant returned the lease deposit amount of KRW 300,000,000 to C on May 23, 2016.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. Determination on the cause of the claim

A. The plaintiff's assertion is a joint lessee of the instant lease agreement, and the joint lessee's claim for refund of deposit for lease is special.

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