beta
(영문) 서울중앙지방법원 2019.08.01 2019가단5075934

보증금반환

Text

1. The defendant shall deliver the building No. 5th floor D from the plaintiff to the plaintiff at the same time as the plaintiff's delivery of the building No. 150,000.

Reasons

1. The plaintiff asserts the following facts:

On January 23, 2018, the Plaintiff and the lessor concluded a lease agreement between the Plaintiff and the Defendant on the real estate stated in the order (hereinafter “instant real estate”) and the terms and conditions of the contract are as follows.

- Lease period: 150,000,000 won from February 21, 2018 to February 20, 2019

B. After concluding the aforementioned lease contract, the Plaintiff paid KRW 15,00,000 for the down payment on January 23, 2018, which is the date of concluding the contract, and paid KRW 135,00,000 for the remainder on February 21, 2018, and completed the payment of the deposit for the lease, and on February 21, 2018, the Plaintiff received the instant real estate, which is the subject matter of the lease, and used it as a residence upon delivery.

2. The defendant does not clearly dispute the plaintiff's above assertion, and it is deemed that the defendant led to confession.

3. If so, the contract of this case was terminated by the expiration date, so the defendant is at the same time obligated to return to the plaintiff the deposit amount of KRW 150,000,000 as well as the delivery of the real estate from the plaintiff.

4. The defendant's assertion that the above lease contract has been implicitly renewed, but in full view of the purport of the whole pleading as to the statement No. 1, it can be acknowledged that the plaintiff declared the intention of refusal of renewal before the expiration of the period. Thus, the defendant's argument cannot be accepted.

5. The plaintiff's claim seeking the performance of the above duty is justified and it is so decided as per Disposition.