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Reasons
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(영문) 부산지방법원 2014.09.25 2013가단64416
임대차보증금
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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 70,000,000 and the interest rate thereon from September 26, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendants are co-owners of the second floor building D in Busan-gun (hereinafter “instant building”).

B. On November 10, 2012, Nonparty E entered into a lease agreement with the Defendants to rent the instant building at KRW 100,000,000, monthly rent and KRW 3,500,000, in the name of F in a de facto marital relationship, and thereafter, Nonparty E paid KRW 70,000,000 out of the lease deposit to the Defendants.

C. On January 7, 2013, E entered into a contract for facility construction of the instant building with Nonparty G Co., Ltd. (hereinafter “Nonindicted Company”) at KRW 120,00,000 in the name of F, and Nonparty Co., Ltd completed the said construction on or around February 2013, and Nonparty Co., Ltd opened a retail business such as food and miscellaneous goods in the instant building with the trade name “HE”.

E around February 2013, Non-Party I transferred the name of Hart to Non-Party J designated by I on condition that the facility construction cost of Non-Party I would be fully paid KRW 120,000,000. Accordingly, on March 4, 2013, J concluded a lease contract between the Defendants and the Defendants for the lease deposit of KRW 100,000,000, the rent of KRW 3,000,000, and the rental period of KRW 4, 2013 from March 4, 2013 to March 4, 2014.

E. On June 27, 2013, J transferred KRW 70,000,00 of the lease deposit of the instant building to Nonparty Company, and notified the Defendants of the said transfer, and concluded a sublease contract with Nonparty Company on the instant building.

Accordingly, on June 28, 2013, the Defendants entered into a lease agreement between the Plaintiff and the Plaintiff, the representative of the non-party company, with a lease deposit of KRW 70,000,000, and a lease agreement between June 28, 2013 and March 4, 2018.

F. On July 2013, the Plaintiff demanded the Defendants to deliver the instant building according to a lease agreement dated June 28, 2013. However, the Defendants continued to occupy the instant building and operate HE business.

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