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Reasons
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(영문) 수원지방법원 2019.11.21 2019나62628
임차보증금반환
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1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

Reasons

1. Facts of recognition;

A. On September 23, 2013, Plaintiff A entered into a lease agreement with the co-defendant D (hereinafter “D”) of the first instance court, the owner of the multi-family house located on the ground of YY-gu, Ansan-si (hereinafter “instant house”) on the instant housing F, by setting the lease deposit amount of KRW 45 million with respect to the instant housing F, from November 4, 2013 to November 3, 2015.

B. Around that time, Plaintiff A paid KRW 45 million to D, and began to reside after completing resident registration after receiving the instant housing F.

After December 2017, Plaintiff A and D agreed to increase the lease deposit in KRW 55 million, and Plaintiff A paid KRW 10 million to D around that time.

C. On April 21, 2014, Plaintiff B entered into a lease agreement with D, setting the lease deposit of KRW 100 million with respect to the instant housing G, and the lease period from May 31, 2014 to May 31, 2016, and around that time, Plaintiff B paid KRW 100 million to D, and began to reside after completing resident registration after receiving the instant housing G.

Since then, on May 31, 2016, Plaintiff B and D agreed that the lease deposit shall be increased to KRW 110 million and the lease term shall be extended to May 31, 2018. The Plaintiff B paid KRW 10 million increased to D around that time.

E. On March 2018, Plaintiff A requested Plaintiff B to refund the lease deposit for reasons of the termination of the lease contract or the expiration of the period of the extended lease, respectively, from three months before the expiration of the extended lease term.

F. On June 13, 2018, D sold the instant house to the Defendant (hereinafter “instant sales contract”) and completed the registration of ownership transfer in the name of the Defendant on June 14, 2018.

G. H Co., Ltd., a creditor of D, revoked the above sales contract as a fraudulent act detrimental to D’s creditors, and thus revoked.

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