(영문) 부산지방법원 2018.12.14 2018나40621

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(영문) 부산지방법원 2018.12.14 2018나40621

임대차보증금

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1. The judgment of the court of first instance is modified as follows.

The defendant (1) 22,471,434 won and this shall apply to the plaintiff A.

Reasons

1. Basic facts

A. On November 15, 2016, the Plaintiffs (the Plaintiffs) sold the instant real estate at KRW 670 million to the Defendant, and completed the registration of ownership transfer in the name of the Defendant on January 3, 2017, respectively, on the instant real estate on the following grounds: (a) the land and its ground buildings (hereinafter “instant real estate”; and (b) the ownership transfer was registered under the Defendant’s name with respect to the instant real estate.

B. Of the instant building, the Plaintiffs were operating a private teaching institute on the first floor, the first floor, the second floor, and the second floor (201, 202) above. However, in order to continue the operation of the said private teaching institute, the Plaintiffs agreed to lease the said building from the Defendant, and concluded a lease agreement with the Defendant on January 3, 2017 (hereinafter “each of the instant lease agreements”) with the Defendant, and stipulated that “The lessee shall bear monthly rent, brokerage remuneration, cleaning expenses, etc. until the new lessee moves into the district before the termination of the contract”.

Plaintiff

(2) From January 3, 201 to January 2, 2020, the lease deposit for the object: From January 3, 2017 to January 2, 2020, the lease deposit for the object: 30,000 won (payment after January 3: from January 3, 2017 to January 2, 2020: The lease deposit for the object: the period from January 3, 2017 to January 2, 2020: the Plaintiff B (payment after January 3: 100,000 won for all the lease deposits for the underground floor: the period from January 3, 2017 to January 2, 202: the lease deposit for the object from January 3, 2017 to January 1, 200: the lease deposit for the entire period from January 3, 200 to January 2, 2020: the lease deposit for the object from January 3, 2017 to December 13, 20000.

C. Meanwhile, at the time of the conclusion of the above sales contract between the Plaintiffs and the Defendant, each of the establishment registration of the instant real estate as the maximum debt amount of KRW 124,00,000,65,000,000, and KRW 130,000,000 was completed, but each of the establishment registration of the instant real estate was revoked on November 29, 2016.

After that, on January 3, 2017, the defendant is only 430 million won from the bank of Korea.

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