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(영문) 수원지방법원 2020.08.19 2019가합25755

임대차보증금

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1. The defendant's KRW 7,924,267 as well as 5% per annum from April 29, 2020 to August 19, 2020 to the plaintiff.

Reasons

Basic Facts

The Defendant is the owner of a multi-household C Multi-household (Urban Residential Housing - Studio) D (hereinafter “instant real estate”).

On February 25, 2017, the Plaintiff entered into a lease agreement between the Defendant and the instant real estate (hereinafter “instant lease agreement”) with the term of KRW 240,000,000, and the term of lease from March 31, 2017 to March 30, 2019.

On March 29, 2017, the Plaintiff filed a move-in report for resident registration with the domicile of the instant real estate to the domicile, began to occupy the instant real estate from March 31, 2017, and received the fixed date on March 3, 2017.

1) On December 16, 2018, the Defendant asked the Plaintiff at any time, at the time, whether a director is available at the time when the maturity comes to the Plaintiff, and the Plaintiff is expected to have the completion of the apartment that he/she purchased from April 5, 2019. The Plaintiff could not have a director prior to the date on which the occupancy of the apartment was determined. The Defendant asked the Plaintiff to cooperate to the maximum extent possible with the Plaintiff to seek a new lessee of the instant real estate on the date of the Plaintiff’s director. 2) On February 23, 2019, the Defendant called the Plaintiff again to the Plaintiff on April 23, 2019, and the Defendant presented the house to the Plaintiff that he/she was to move to the instant real estate, and the Plaintiff could not move to a director on April 4, 2019 because he/she could have a director or director on the end of April 2019.

3) On April 1, 2019, the Plaintiff called to the Defendant that he will make a director on April 30, 2019. On April 3, 2019, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff would pay KRW 240,00,000 to the Defendant by April 30, 2019. On April 30, 2019, the Plaintiff paid KRW 30,000,000 to the Defendant as the return of the lease deposit. The Plaintiff received the order of lease registration from the Suwon District Court on June 4, 2019 (the instant real estate lease registration was completed on the instant real estate on July 23, 2019, and the instant real estate was handed over to the Defendant on July 25, 2019.

The defendant shall return the lease deposit to the plaintiff.