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1. C, D, E, F, and G deposited by the Seoul Eastern District Court No. 2331 on June 16, 2017, KRW 91,065,630.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. On May 31, 1999, C completed the registration of ownership transfer with respect to neighborhood living facilities of the fourth floor size of the Gangnam-gu Seoul H ground (hereinafter “instant building”). On May 22, 2013, C donated 14/100 shares of the instant building among the instant building to D, E, F, and G, and completed the registration of ownership transfer on the same day.
B. On May 24, 2013, C determined the amount of 122.3 square meters (hereinafter “instant store”) among the 1st floor of the instant building as KRW 130 million, lease deposit amount to KRW 130 million, lease deposit period to the Plaintiff, from June 1, 2013 to May 31, 2014, and KRW 5.5 million, monthly rent to the Plaintiff, respectively, and received the said lease deposit from the Plaintiff.
C. After that, C and the Plaintiff newly drafted a lease agreement on March 26, 2014. The previous lease agreement, lease deposit, lease term, monthly rent, etc. were maintained under the same conditions, but the lessor was changed to C, D, E, F, G (hereinafter “C, etc.”) and I (hereinafter “non-party company”) operated by the Plaintiff.
C, etc. and the non-party company renewed the above lease agreement on June 30, 2014, increased the monthly rent to KRW 6 million (excluding value-added tax), and set the lease period from June 30, 2014 to June 30, 2015.
E. On May 31, 2016, Nonparty Company delivered the instant store to C, etc.
F. On March 27, 2015, Nonparty Company transferred to the Defendant (Counterclaim Defendant; hereinafter “Defendant”) a claim for the refund of the lease deposit with respect to the instant store (hereinafter “instant contract for the transfer of claims”), and on December 7, 2015, to C by December 25, 2015, a written confirmation (Evidence B No. 6) to the effect that “the leaving the instant store until December 25, 2015, and the payment of the remaining lease deposit to the Defendant” was sent, and C et al. filed against the Plaintiff, the representative of Nonparty Company, etc. on August 18, 2016.