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Reasons
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(영문) 춘천지방법원속초지원 2020.09.08 2020가단58
임대차보증금
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1. The defendant shall pay the plaintiff KRW 130,000,000.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Basic facts

A. On November 9, 2016, the Plaintiff entered into a lease agreement with the Defendant on the attached list (hereinafter “instant building”) with the term of KRW 130 million (no rent) and the term of lease from November 30, 2016 to November 29, 2018 (hereinafter “instant lease agreement”) and paid KRW 130 million to the Defendant the deposit amount.

B. On December 9, 2016, the Plaintiff completed the registration of the establishment of chonsegwon between November 30, 2016 and November 29, 2018, with respect to the instant building as to the instant building’s KRW 130,000,000,000 for lease on a deposit basis, and the area of chonsegwon’s right to lease on a deposit basis within the scope of the right to lease on a deposit basis.

C. As to the instant building for which the registration of ownership transfer was completed under the name of the Defendant, D Co., Ltd. (hereinafter “D”) completed the registration of the right to claim ownership transfer under the name of D Co., Ltd on the ground of the pre-sale agreement on January 22, 2019, and completed the principal registration on January 23, 2020.

On August 12, 2019, the Plaintiff sent a content-certified mail demanding the return of the lease deposit to the Defendant on the ground that the instant lease contract expired, and the said content-certified mail sent to the Defendant around that time. On September 2019, the Plaintiff sent a text message demanding the return of the lease deposit to the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The parties' assertion;

A. Since the instant lease agreement on the Plaintiff’s assertion is terminated upon the expiration of the period of termination or upon the Defendant’s declaration of termination, the Defendant is obligated to refund the lease deposit to the Plaintiff.

B. Since the ownership of the instant real estate asserted by the Defendant was transferred to D, the status of the lessor under the instant lease agreement was also succeeded to D, the Defendant is not obligated to refund the lease deposit to the Plaintiff.

3. Determination

A. The Plaintiff’s judgment on the cause of the claim is reasonable.

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