임대차보증금
1. The defendant shall pay the plaintiff KRW 70,000,000.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
1. There is no dispute between the parties to the judgment on the cause of the claim, or according to the overall purport of Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 and 1, the plaintiff entered into a lease agreement with the defendant on January 16, 2017 with respect to the deposit money for lease deposit of the Busan Metropolitan City, Busan Metropolitan City, which is owned by the defendant (hereinafter "the real estate in this case") and Busan Metropolitan City, with respect to the building C, and D (hereinafter "the real estate in this case"), from January 23, 2017 to January 23, 2018, and even if the above lease agreement was terminated as of January 23, 2018, the defendant may recognize the fact that the plaintiff did not return the deposit money for lease, and there is no evidence to be interference therewith.
According to the above facts, the defendant is obligated to pay the lease deposit amount of KRW 70 million to the plaintiff, except in extenuating circumstances.
2. Judgment on the defendant's assertion
A. The purport of the Defendant’s assertion is that if the Plaintiff is unable to refund the full amount of the deposit due to auction, etc., the management brokerage office is responsible for the shortage and the refund key. Therefore, the Plaintiff is only entitled to claim the refund of the deposit to the management brokerage office.
B. The judgment of the lessor is obliged to refund the rental deposit to the lessee when the lease contract is terminated due to the expiration of the term, etc., and the Defendant, the lessor, when the contract term expires under Article 5 of the instant lease contract, stipulates that the lessee shall refund
Paragraph (3) of the Special Agreement on the Lease Claim by the Defendant (where a lessee fails to receive the full repayment of the deposit due to auction, etc., the shortage shall be responsible at the management brokerage office and the return key) shall be held liable for the shortage in the case where the auction procedure for the real estate of this case is underway and the Defendant is unable to collect the full amount of the deposit due to senior right holder, etc. at the brokerage office.