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(영문) 수원지방법원안양지원 2017.06.28 2017가단107719

임대차보증금

Text

1. The Defendant’s KRW 180,000,000 as well as 5% per annum from April 3, 2017 to April 6, 2017, and the next day.

Reasons

1. The Plaintiff, on December 19, 2010, leased the said real estate as of February 28, 2011 to the Defendant and D, a co-owner of the 401 unit of the building C (hereinafter “instant real estate”), who was the co-owner of the building C, and the lease deposit amount of KRW 180,000,000, and the period of February 28, 201 to February 28, 2013.

After completing the move-in report, the Plaintiff resided in the said real estate from February 28, 2011.

The defendant purchased 1/2 shares from co-owners D and became a sole owner by completing the registration of ownership transfer on August 1, 2016.

On January 6, 2017, the notice of refusal to renew the above lease agreement reached the Defendant.

On April 2, 2017, the Plaintiff handed over the instant real estate to the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap1-8 evidence, purport of whole pleadings

2. The obligation to return the deposit by a joint lessor is an indivisible obligation (the Plaintiff may assert the terms of the lease agreement against the Defendant who acquired D’s shares with the delivery and resident registration of the house). The Defendant is obligated to return the entire deposit.

The lease contract between the Plaintiff and the Defendant was implicitly renewed on March 1, 2013 and March 1, 2015, and its period was until February 28, 2017. The lease contract terminated on the date of the said refusal due to the Plaintiff’s notice of rejection of renewal.

On April 2, 2017, the Plaintiff fulfilled its duty to deliver real estate in the simultaneous performance relationship with the Defendant’s obligation to return the deposit, and the Defendant is liable for delay in the return of the deposit from the following day.

Therefore, the defendant is obligated to pay to the plaintiff 180,000,000 won with 5% per annum as stipulated in the Civil Act from April 3, 2017 to the delivery date of a duplicate of the complaint of this case (as of April 6, 2017) and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. citing the Plaintiff’s claim for conclusion