임대차보증금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On April 2, 2016, the Plaintiff leased, from the Defendant, the Seo-gu Daejeon Building C, No. D, the lease deposit of KRW 20 million, KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000
B. The Plaintiff on April 7, 2016
The lease contract of this paragraph is the content of the right and the registration of the establishment of chonsegwon is completed.
(c) a.
During the lease term of the subsection, 850,000 won was not paid.
[Ground of recognition] Unsatisfy, Gap evidence 1 and 2
2. The assertion and judgment
A. On October 6, 2016, the Plaintiff asserted that the lease relationship was terminated by agreement with the Defendant on October 6, 2016, but there is no evidence to acknowledge it.
As seen earlier, since the lease relationship was terminated by the expiration of the lease term, the defendant is liable to refund the above lease deposit to the plaintiff, unless there is a special reason to the contrary.
B. The defendant's defense 1) The defendant deducted the unpaid management expenses from the above lease deposit, and asserts that the lease deposit will be refunded as a simultaneous performance of the plaintiff's registration procedure for cancellation of lease on a deposit basis. 2) Since the lease deposit guarantees all the obligations of the lessee arising from the lease after the termination of the lease contract until the order is given to the lessor, the amount equivalent to the secured obligation is naturally deducted from the deposit without a separate declaration of intention, barring any special circumstances, when the object is returned after the termination of the lease contract. Thus, the lessor is liable to return only the remainder after deducting the secured obligation from the lease deposit to the lessee.
Therefore, when the lease relationship terminates, the lessor's obligation to return the lease deposit, such as overdue rent and management expenses incurred until the property is returned out of the deposit.