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(영문) 서울중앙지방법원 2019.11.14 2019가단5058564
임대차보증금
Text

1. The defendant,

A. At the same time, the transfer of the real estate stated in the “Attached List 1” from the Plaintiff A to the Plaintiff 6.

Reasons

1. The plaintiffs' assertion and judgment

A. The plaintiffs' assertion is as shown in the annexed sheet of "the grounds for claim".

In other words, with respect to the Defendant who succeeded to the status of a lessor under a lease agreement with F, the Plaintiffs are entitled to terminate the lease agreement by serving a duplicate of the complaint of this case, and simultaneously seeking the return of the lease deposit amount of KRW 60 million to the Plaintiff A and the deposit amount of KRW 40 million to the Plaintiff B.

In addition, in other cases, F.I.D., the truster of each of the above real property, must return the lease deposit.

Inasmuch as the plaintiffs are arguing that there is no obligation to return each lease deposit or there is no fixed date, they claim for the payment of damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from the day after the date of return of each of the above lease deposits to the date of return.

B. The conclusion of a lease agreement and the payment of lease deposit between the plaintiffs and F, and accordingly, the plaintiffs completed each move-in report following the delivery of each of the above real estate as stated in the attached Form “Grounds for Claim”; the defendant thereafter completed the registration of ownership transfer on the grounds of a trust agreement with F with respect to each of the above real estate; and the facts that each of the above lease agreements was terminated on April 1, 2019 by delivery of a copy of the complaint of this case, may be recognized either as dispute between the plaintiffs and the defendant, or as a whole, as to the facts that each of the above lease agreements was terminated on April 1, 201

Therefore, at the same time, the Defendant is obliged to pay KRW 60 million to the Plaintiff and KRW 40 million to the Plaintiff, respectively, at the same time as the delivery of each of the real estate listed in the separate sheet 1 and 2 from the Plaintiffs.

On the other hand, the plaintiffs received each of the above real estate from the plaintiffs and delayed the return of the lease deposit to the plaintiffs, respectively, as to each of the above lease deposit.

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