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(영문) 서울남부지방법원 2020.08.13 2020가단223129

임대차보증금

Text

The defendant shall pay to the plaintiff KRW 160 million.

Costs of lawsuit shall be borne by the defendant.

Paragraph 1 shall be provisionally executed.

Reasons

1. Facts of recognition;

A. On August 7, 2017, the Plaintiff leased the Gangseo-gu Seoul Metropolitan Government building C, D, the lease deposit of KRW 160,000,000 and the lease term of KRW 2 years between the Defendant and the Defendant.

(hereinafter “instant lease agreement”). B.

On April 9, 2019, the Plaintiff stated that the Defendant would not extend the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease contract has expired on August 6, 2019, and the Defendant is obligated to pay the Plaintiff the lease deposit KRW 160 million.

In this regard, the defendant asserts that the deposit is not returned because the plaintiff's right of lease registration is difficult to seek the next tenant.

However, the lessor’s obligation to return the lease deposit is more than the duty to cancel the lease registration under the order of lease registration (see Supreme Court Decision 2005Da4529, Jun. 9, 2005). Therefore, the Defendant’s above assertion is without merit.

3. Conclusion, the plaintiff's claim is justified.