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(영문) 대전지방법원 2016.09.28 2015가단26549
임대차보증금반환
Text

1. The Defendant’s KRW 43,00,000 as well as the Plaintiff’s KRW 20% per annum from August 12, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On May 18, 2009, the Plaintiff entered into a lease agreement with C, which is delegated by the Defendant with the authority to conclude the lease agreement, as follows:

(1) A lessor: A lessee: A lessee of the object of lease.

On January 25, 2010, the Plaintiff entered into a lease agreement with the Defendant’s agent, as follows:

(1) A lessor: A lessee: A lessee of the object of lease.

The plaintiff paid the above lease deposit to C, and each of the above lease agreements was implicitly extended after the expiration of the contract.

On March 5, 2015, the Plaintiff notified the Defendant that the lease contract will be terminated by moving to each of the above leased objects or by sub-leaseing it to other persons via C without a moving-in report.

On the other hand, on April 22, 2012, the defendant sold to E the three-story building on the D's ground containing each of the above leased objects, and on June 12, 2012, the above E's ownership transfer registration has been completed.

[Ground of recognition] A without dispute, Gap evidence Nos. 1-1, 2, Gap evidence Nos. 2, 5, 8, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition under paragraph (1), each of the above lease agreements was terminated on March 5, 2015, respectively, and thus, the Defendant is obligated to return the total amount of KRW 43,000,000 (23,000,000) (23,000,000) to the Plaintiff.

Furthermore, since the Plaintiff indirectly occupied each of the above leased objects through C and lost possession upon the termination of the contract with the notice of termination of the contract, it is deemed that the leased object was once the contract is terminated, and that the leased object was once again delivered to C as the representative of the Defendant.

In addition to the above lease deposit, the defendant shall terminate the above contract.

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