(영문) 서울서부지방법원 2020.02.20 2019나37032

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(영문) 서울서부지방법원 2020.02.20 2019나37032

임대차보증금

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1. The judgment of the court of first instance is modified as follows.

The plaintiff (Counterclaim defendant) shall make each of the defendant (Counterclaim plaintiff) 2,106.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On August 14, 2017, the Plaintiff entered into a lease agreement with E with regard to the instant real estate owned by E during the lease period from August 24, 2017 to August 23, 2018, with a lease deposit of KRW 50,000,000, monthly rent of KRW 4,000 (excluding value-added tax), monthly management expenses of KRW 130,000 (hereinafter “instant lease agreement”), and paid KRW 50,000,000 to E, and registered the business as “F” (hereinafter “instant restaurant”) on September 8, 2017, and operated the instant restaurant from the instant real estate.

B. On December 29, 2017, the Defendants purchased the building indicated in the separate sheet, including the instant real estate, from E, and the lease deposit against the Plaintiff was deducted from the purchase price, and the Defendants agreed to succeed to the instant lease agreement. On January 30, 2018, the Defendants succeeded to the lessor’s status against the Plaintiff by completing the registration of ownership transfer with 1/2 shares as to the building listed in the separate sheet.

C. On April 7, 2018, the Plaintiff did not pay all the teas under the instant lease agreement, and reported the closure of the instant restaurant in the Mapo Tax Office.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1, 2, and 7, the purport of the whole pleadings

2. Summary of the parties' arguments

A. Since the Plaintiff’s instant lease agreement terminated by agreement between the Plaintiff and the Defendants on February 2018, the Defendants are obliged to return KRW 50,000,000 to the Plaintiff.

B. From 50,00,000 won for the lease deposit of the Defendants, 23,380,000 won for overdue rent and management expenses incurred before the status of the lessor was succeeded and 30,83,244 won for overdue rent and management expenses incurred until the expiration date of the lease contract of this case after succession to the status of the lessor and the status of the lessor should be deducted.

Therefore, the Defendants shall return to the Plaintiff.

유사 판례

-서울서부지방법원 2020.02.20 2019나37032

-수원지방법원안양지원 2019.10.23 2019가단100637

-서울중앙지방법원 2016.04.15 2015나44785

-인천지방법원 2018.11.14 2018가단17715

-수원지방법원 2020.05.27 2019가단544655