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Reasons
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(영문) 수원지방법원안양지원 2014.03.21 2013가합6051
임대차보증금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 6, 2010, the Plaintiff transferred the instant building to the Plaintiff’s father B and Kunpo-si Cta (hereinafter “instant building”) designated by B, and the Plaintiff agreed to renew the instant building by mutual agreement with the Plaintiff after the lapse of two years, with the lease deposit amount of KRW 3,00,000,000, monthly rent of KRW 134,000 (excluding value-added tax), and the lease period of KRW 134,00,000 (excluding value-added tax), respectively.

B. On January 14, 2011, the Plaintiff sold the instant building to the Defendant in KRW 5,804,930,000. Of the above sales amount to be paid by the Defendant, KRW 2,397,90,000, the Plaintiff subsequently decided to substitute the instant building as part of the lease deposit to be paid by the Plaintiff and the Defendant pursuant to the lease agreement on the instant building to be concluded by the Plaintiff and the Defendant.

C. On March 28, 2011, the Plaintiff: (a) leased the instant building from the Defendant to KRW 3,000,000; (b) monthly rent KRW 134,00,000 (excluding value-added tax); and (c) the lease period was five years from the delivery date; and (d) the Defendant decided to deliver the instant building to the Plaintiff by March 31, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1, 11, Eul evidence 1-1, Eul evidence 1-2, 3, the purport of the whole pleadings

2. The Plaintiff asserted by the parties agreed that the term of lease under the instant lease agreement with the Defendant shall be two years from the date of delivery. On April 1, 2011, the instant lease agreement was terminated upon the expiration of the lease term on March 31, 2013, when the Defendant was transferred and used the instant building from the Defendant. As such, the Defendant: (a) KRW 882,70,000, unpaid rent from the Plaintiff’s 2,397,90,000; (b) KRW 35,060,000, the lease deposit received by the Plaintiff by sublet a part of the instant building to a third party; and (c) KRW 10,150,230,000, which was deducted from the down payment, KRW 10,000,000, which the Plaintiff received from the two medical corporations, and KRW 35,000,000.

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