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(영문) 부산지방법원 2020.11.10 2020가단306019
임대차보증금
Text

At the same time, the defendant's delivery of the Busan Young-gu C building D from the plaintiff, 200,000 won to the plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a corporation with the purpose of housing construction and sales business, housing construction business, building construction business, real estate rental and sale business, etc. On December 26, 2017, the Plaintiff entered into a lease agreement with the Defendant and Busan Young-gu C building and D (hereinafter “instant real estate”) with the term of KRW 200 million, and the term of time from December 26, 2017 to December 25, 2019 (hereinafter “instant lease agreement”).

B. The Plaintiff paid KRW 200 million to the Defendant by February 5, 2018, and completed the resident registration transfer report on February 6, 2018 and received the fixed date.

C. On June 19, 2019, the Defendant transferred the ownership of the instant real estate to E Co., Ltd. (hereinafter “Nonindicted Company”).

On June 20, 2019, the non-party company entered into a lease agreement with the F and the instant real estate amounting to KRW 170 million. The F and the above lease agreement with the non-party company borrowed KRW 130 million from the G Bank on July 17, 2019.

On the other hand, the non-party company transferred the ownership of the instant real estate to H on October 30, 2019.

The Plaintiff expressed his/her intent to refuse the renewal of the lease agreement to the Defendant and H prior to the expiration of the instant lease agreement. As the lease deposit was not refunded despite the expiration of the instant lease agreement, the Plaintiff filed an application for provisional seizure on the instant real estate on January 7, 2020, and filed the instant lawsuit on February 19, 2020.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, Eul evidence 1, Eul evidence 2, the purport of whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. (1) The Plaintiff raised an objection that the Plaintiff did not want to succeed to the status of the lessor within a reasonable period after the Defendant sold the instant real estate, and thus, the Defendant cannot be exempt from the obligation to return the lease deposit.

(2) Even if not, the lessor is the lessor.

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