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Reasons
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(영문) 대구지방법원김천지원 2020.12.04 2020가합15525
보증금반환
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The plaintiff's claim against the primary defendant is dismissed.

2. Preliminary Defendant: 210,000,000 won to the Plaintiff.

Reasons

1. Basic facts

A. On November 12, 2015, the Plaintiff entered into a lease agreement with Defendant A on a deposit of KRW 210,000,000 as well as KRW 24 months from December 29, 2015, and around that time, paid KRW 210,00,000 as security deposit to Defendant A.

B. On November 30, 2017, the Plaintiff renewed the above lease agreement with Defendant A to set the lease term from December 29, 2017 to December 24, 2017, and entered into the same lease agreement on the remaining conditions.

(hereinafter “instant lease agreement”). C.

The Plaintiff and Defendant A agreed to set up a right to lease on a deposit basis with respect to the instant real estate as security deposit. Accordingly, on November 27, 2018, the Plaintiff completed the registration of establishment of a right to lease on a deposit basis from November 30, 2017 to December 28, 2019 with respect to the instant real estate as security deposit.

On October 31, 2019, Defendant A entered into a contract with Defendant B to sell the instant real estate under the following conditions (hereinafter “instant contract”).

Article 1 (Purpose) In the sale of the above real estate, the seller and the buyer shall pay the purchase price by agreement as follows:

The buyer succeeds to the status of 183,00,000 won deposit of KRW 210,000,000 shall be paid and received at the time of the contract by the buyer. The down payment of KRW 1,00,000 shall be paid and received at the time of the contract. Balance -28,00,000 shall be paid on October 31, 2019.

[Matters of Special Agreement]

3. The current lease deposit amount of KRW 210,00,000 shall be succeeded by the buyer;

6. A seller shall transfer to a vendor whether to trade and decide to trade;

E. On October 30, 2019, Defendant B transferred KRW 1,000,000 to Defendant A’s account. Defendant A transferred KRW 28,000,000 to Defendant B’s account on October 31, 2019.

F. Defendant B: (a) on October 31, 2019, the instant case.

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