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Reasons
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(영문) 대전지방법원 2014.10.29 2014가합103811
보증금반환
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1. The Defendant’s KRW 164,50,000 for the Plaintiff and KRW 5% per annum from March 25, 2014 to June 27, 2014.

Reasons

1. Basic facts

A. The Defendant is a person who completed the registration of ownership transfer with the Daejeon District Court Daejeon District Court No. 61318, Sept. 27, 201, as to the 3/10 share of 3/10 of the first floor of the building No. 102 (hereinafter “instant building”).

B. On October 27, 201, the Plaintiff entered into a lease agreement with E, the Defendant’s agent, stating that the lease deposit is KRW 300 million, KRW 2.5 million per month, and the lease term is from December 20, 201 to December 1, 201, to lease the instant building for the purpose of a pharmacy (hereinafter “instant lease agreement”), and paid the deposit amount of KRW 300 million to E.

C. The Plaintiff demanded the Defendant to return the lease deposit upon the expiration of the instant lease agreement, and received a total of KRW 100 million from the Defendant on January 20, 2014 and March 4, 2014, and delivered the instant building to the Defendant on March 24, 2014. On August 1, 2014, the instant lawsuit was pending, the Plaintiff was additionally paid KRW 30 million from the Defendant.

The Plaintiff is a person who did not pay KRW 500,000,000 for August and November of 2013 among the rent under the instant lease agreement.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 4, 7, and Eul No. 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings and arguments

2. Determination

A. According to the above findings of the determination as to the cause of the claim, the instant lease agreement was terminated on December 1, 2013 after the expiration of the period.

Therefore, the defendant is obligated to pay to the plaintiff the lease deposit KRW 130 million, which is paid by the plaintiff among the lease deposit KRW 300 million, and the remaining KRW 164.5 million, which remains after deducting the rent of KRW 5,500,000, which is paid by the plaintiff, from the rent of the plaintiff.

B. On the Defendant’s defense, etc., 3/10 of the instant building is a right holder.

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