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(영문) 서울남부지방법원 2015.01.23 2014가합6740

임대차보증금

Text

1. The defendant on February 1, 2007, with respect to the real estate stated in the attached list from the plaintiff, the Seoul Southern District Court Gangseo-gu Office of Registration.

Reasons

1. Basic facts

A. On February 9, 2007, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 120 million for the lease deposit and KRW 20 million for the lease deposit and KRW 200 million for the lease deposit entered in the separate sheet owned by the Defendant (hereinafter “instant building”). On February 9, 2007, the Plaintiff paid KRW 120 million to the Defendant on February 12, 2007.

In addition, on February 27, 2007, the Plaintiff received from the Defendant a registration of establishment of chonsegwon on the attached list of KRW 120 million for lease deposit, KRW 102 (12 square meters) and KRW 202 (24 square meters) of the building on the same floor among the two floors of the building, and KRW 202 (24 square meters), from February 9, 2007 to February 9, 2009, the return date, February 9, 2009, the return date, and the registration of establishment of chonsegwon on the attached list made by the Plaintiff as the Plaintiff having chonsegwon (hereinafter “registration of establishment of chonsegwon”).

B. On February 9, 2011, the Plaintiff entered into a modified contract with C, the Defendant’s agent, under the said lease agreement, to increase the lease deposit amount to KRW 140 million, and to extend the lease period from February 9, 201 to February 9, 2013 (hereinafter “instant lease agreement”), and paid the Defendant KRW 20 million for the increase in the lease deposit amount.

C. On July 201, the Plaintiff notified the Defendant of the return of the lease deposit upon the expiration of the lease term stipulated in the instant lease agreement, and removed the instant building from the office around that time.

On November 2, 2012, the Plaintiff notified the Defendant that the lease contract of this case will be terminated at the expiration of the contract term, and thus, the Plaintiff would return the lease deposit.

[Ground of recognition] Facts without dispute, Gap evidence 13, Gap evidence 15-1, 2, and Gap evidence 16, the purport of the whole pleadings

2. According to the above fact-finding on the cause of the claim, the instant lease contract was terminated on February 9, 2013, and barring any special circumstance, the Defendant is KRW 140 million to the Plaintiff, barring any special circumstance.