임대차보증금
Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.
1.The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 3, 6 to 9, Eul evidence 5, 18, and 19 (including each number; hereinafter the same shall apply) and the purport of all pleadings.
On December 17, 2016, between C and D, the Plaintiff entered into a contract to lease the E Apartment F (hereinafter “instant apartment”) with the lease deposit amount of KRW 2550 million, and the lease term of KRW 2050 million from January 20, 2017 to January 20, 2019 (hereinafter “instant lease contract”).
B. On April 27, 2018, the Defendant completed the registration of ownership transfer for the instant apartment on the ground of sale as of March 18, 2018, and succeeded to the lessor’s status under the instant lease agreement.
C. The Plaintiff requested the Defendant to extend the term of the instant lease agreement by April 2019, and the Defendant consented thereto.
From December 4, 2018, the Plaintiff sent each content-certified mail requesting the Defendant to return the deposit upon the expiration of the instant lease contract term, three times (on December 4, 2018, March 15, 2019, April 9, 2019).
Each content-certified mail sent to the defendant around that time.
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of claim, the instant lease contract was terminated by the Do on April 30, 2019, which was the expiration date of the amended lease contract.
Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 2550 million and damages for delay.
B. As to the Defendant’s assertion, the Defendant asserts that, after the judgment of the court of first instance that included a declaration of provisional execution was issued, the amount of KRW 197 million as part of the lease deposit was paid from November 6, 2019 to January 21, 2020, which was 197,000,000, which was 58,000 won.
(1) Reasons for appeal No. 1. Effect of performance by provisional execution is not conclusive, but is only in the appellate court.