(영문) 서울서부지방법원 2018.10.11 2017나41051

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Reasons

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(영문) 서울서부지방법원 2018.10.11 2017나41051

임대차보증금

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 209, the Plaintiff entered into a sub-lease contract with C on the leased apartment located in Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant apartment”) from C, Seodaemun-gu, Seoul Special Metropolitan City (hereinafter “instant apartment”), with the husband, with the deposit of KRW 30,00,000, monthly rent of KRW 300,000, monthly rent of KRW 3000,000, and the contract period of the sub-lease of November 2, 201. From October 20, 2009 to November 3, 2009, the Plaintiff paid the deposit of KRW 30,000,000 to C from November 3, 2009, and resided at the same time.

B. On April 201, the Plaintiff terminated the sub-lease agreement with C on the instant apartment, and entered into a lease agreement with Jongno-gu Seoul Metropolitan Government E and 301 (hereinafter “instant apartment”) owned by the Defendant with respect to the said apartment, the deposit amount was KRW 60,00,000 (hereinafter “instant contract”). On June 24, 201, the lessor entered into the “real estate lease agreement” as stated in the said contract with the Defendant as of June 24, 2012 (hereinafter “instant contract”).

[Reasons for Recognition] No. 1 is written and existing, and the result of the first instance court's examination of the plaintiff, part of the witness F, and the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion was duly concluded by C on behalf of the Defendant.

In addition, the Plaintiff agreed with C to cover KRW 30,00,000 under the existing sub-lease contract at the time, and paid KRW 30,000,000 to C on April 27, 201, and paid KRW 60,000 under the instant contract.

However, since the contract of this case terminated on June 24, 2012 with the expiration date, the defendant is obligated to pay the deposit amount of KRW 60,000,000 to the plaintiff as the performance of the obligation to pay the deposit for lease on a deposit basis upon the termination of the contract of this case.

3. Determination

A. First, whether the contract of this case is valid, the Defendant’s housing in this case to C.

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