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(영문) 울산지방법원 2015.08.26 2015가단3432

전세보증금 반환 등

Text

1. The Defendant shall pay 30,1760,000 won to the Plaintiff and twenty percent (20%) per annum from February 28, 2015 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff’s Dong C, on February 26, 2013, is a building owned by the Defendant on February 26, 2013, 273.59 square meters of Class I neighborhood living facilities (hereinafter referred to as the “instant building”).

30 million won, monthly rent of 3520,000 won (prepayment on February 15), and period fixed on February 26, 2015 (hereinafter referred to as “the lease of this case”).

A) On February 26, 2013, C paid a deposit of KRW 30 million to the Defendant, and around that time, C occupied and used the instant building and operated mobile phone sales business. (ii) On July 2014, C agreed to succeed to the lease of this case with the Defendant following the death of the Plaintiff around July 2014.

3) The Plaintiff expressed his/her intent not to renew the instant lease to the Defendant at the end of December, 2014. On January 13, 2015, the Defendant concluded a provisional contract with E to lease the instant building on the premise of the Plaintiff, and received KRW 2 million from E as a provisional contract. At the time of the said provisional contract, the Defendant agreed to terminate the instant lease with the Plaintiff on January 31, 2014, stating that “The instant lease is terminated on February 1, 2014, the Plaintiff transferred the instant building to the Defendant, and the Defendant shall return the deposit amount of KRW 30 million to the Plaintiff” (hereinafter the instant agreement is terminated).

(4) On January 20, 2015, the Defendant received the rent of KRW 3.52 million from the Plaintiff. At that time, the Defendant agreed to settle the remainder, which remains after subtracting the rent of KRW 1.760,000 from January 15, 2015 to January 31, 2015, out of the Plaintiff and the said KRW 3.520,000,000, from the rent of KRW 1.760,000,000,000.

5) On January 31, 2015, the Plaintiff suspended the sales of mobile phones from the instant building. On February 1, 2015, the Plaintiff did not receive KRW 30 million from the Defendant, and continued possession of the instant building, and delivered the instant building to the Defendant on February 10, 2015. [Grounds for Recognition] There is no dispute, and Party A’s evidence Nos. 1 through 5 (including serial numbers, and pleadings).