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(영문) 수원지방법원 2021.02.08 2020가합13901

임대차보증금

Text

The defendant shall deliver the real estate listed in the attached list from the plaintiff to the plaintiff at the same time. 300,000,000 won shall be applied to the plaintiff.

Reasons

Facts of recognition

On January 23, 2016, the Plaintiff leased the real estate listed in the separate sheet (hereinafter referred to as “instant apartment”) from the Defendant during the lease period of KRW 300,00,000, and from February 24, 2016 to February 23, 2018 (hereinafter “instant lease agreement”). The Plaintiff paid the Defendant the full deposit to the Defendant by February 24, 2016, and was handed over the instant apartment.

On September 20, 2016, upon the request of the network C C, the party taking over the lawsuit of the apartment of this case, the compulsory auction commencement decision (Liwon District Court E) was made on September 20, 2016, and the compulsory auction commencement decision (F) on June 29, 2017 (hereinafter “decision on the commencement of compulsory auction”; and “decision on the commencement of compulsory auction” (hereinafter “decision on the commencement of compulsory auction”). On November 29, 2017, the Plaintiff sent to the Defendant a text message stating that “The defect of the contract was to increase the deposit for lease, but there was no intent to renew the contract after the expiration of the contract period,” and there was no intention to renew the contract after the expiration of the contract period.

On February 5, 2018, the Plaintiff issued the instant apartment from a real estate broker to a brokerage office. However, the Plaintiff said that it is difficult to open the instant apartment as a good because the registration of compulsory commencement of auction was completed on the instant apartment.

Newly, the plaintiff can recover down payment and get directors to resolve the problem.If the contract term expires without resolving the problem, it is known that the lease contract is impliedly renewed.

The discussion on re-contract should be conducted subsequent to the resolution of the above problem.

“The message sent sent the text message.”

On February 8, 2018, the Defendant issued to the Plaintiff a text message stating that “I understand the Plaintiff’s position, but agree to compromise later.”