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(영문) 청주지방법원 2019.01.24 2018나1293

임대차보증금

Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 25, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on a rent of KRW 300,000 per month with respect to the land of KRW 167 square meters of land and its ground (hereinafter collectively referred to as “the leased object of this case,” and the land among them is referred to as “the leased site of this case”) located within the scope of KRW 400,000 per month. Around July 2015, the Plaintiff agreed to raise the rent of KRW 400,000 per month.

The lease deposit in this case is written in KRW 20,000,000.

B. Among the leased sites of this case, part of the E land owned by D and one other (hereinafter “D”) is included.

The Plaintiff requested D to pay royalties for the portion owned D from July 2016 to April 2017, and paid D KRW 100,000 each month, KRW 300,000,000 around July 2017, and KRW 800,000,000 around December 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4 through 7, Gap evidence 8-2, the purport of the whole pleadings

2. Determination as to the claim for refund of deposit for lease

A. The Plaintiff’s assertion 1) The Plaintiff paid KRW 20,000,000 on a check to the former lessee F at the time of the instant lease agreement, and acquired the Plaintiff’s claim for refund of KRW 20,000,000 to the Defendant. The instant lease agreement was terminated at spring around 2016 or around December 25, 2017, and the Plaintiff returned the leased object of this case to the Defendant around December 25, 2017. The Plaintiff did not pay the Defendant a total of KRW 8,00,000 among the lease deposit, and received a refund from the Defendant of KRW 7,00,000 among the lease deposit. Accordingly, the Defendant is obligated to pay the Plaintiff the remaining lease deposit amount of KRW 5,00,00 [the Plaintiff’s claim for reimbursement = KRW 20,000,000, KRW 15,000, KRW 7000 and KRW 208,000].