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(영문) 서울고등법원 2015.04.09 2014나2024677
임대차보증금반환 등
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. On July 7, 2010, Defendant D entered into each of the instant lease agreements by the Plaintiffs. Defendant D was awarded a successful bid in the voluntary auction procedure and completed the registration of ownership transfer after completing the construction of the instant lease agreement. At that time, Defendant D around that time completed the registration of ownership transfer from J and the instant real estate K Ba (hereinafter “instant private house”).

(2) On July 18, 201, Plaintiff A entered into a lease agreement with Defendant D to lease the instant private house or 101,00,000 won for the lease deposit, and the lease period from December 29, 201 to December 28, 2013, Plaintiff A paid all the lease deposit by paying each of the remainder of KRW 20,000,000 on July 19, 201, and the intermediate payment of KRW 20,000 on July 30, 201, and the remainder of KRW 70,000 on August 19, 201.

3) On August 29, 201, Plaintiff B concluded a lease agreement with Defendant D on a condition that the lease deposit is KRW 40 million, and the lease period is from December 29, 201 to December 28, 201, Plaintiff B paid KRW 4 million on the date of the contract; the intermediate payment of KRW 26 million on September 8, 201; the remainder payment of KRW 10 million on October 17, 201; the remainder payment of KRW 10 million; and the remainder payment of KRW 10 million on July 30, 201 to KRW 30,000,000,000 for each of the lease agreements with Defendant D; and the lease agreement with Defendant D on July 30, 201 to KRW 10,000,000,000,000,000 from December 16, 201; and thereafter, Plaintiff C paid the lease deposit to Defendant D up to KRW 301,2181.21.

(hereinafter referred to as the "each of the instant lease agreements" in total of the respective lease agreements between the Plaintiffs and Defendant D.

On March 5, 2013, Plaintiff A and Plaintiff B, such as the notice of termination of each of the instant lease agreements, shall terminate each of the instant lease agreements on the grounds that Defendant D was unable to engage in business in the instant friendship because they failed to pay electricity taxes, etc.

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