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(영문) 서울중앙지방법원 2019.02.21 2018가단5184664

임대차보증금

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1. The defendant shall deliver real estate listed in the separate sheet from the plaintiff to the plaintiff at the same time, and at the same time, KRW 10,000,000 to the plaintiff.

Reasons

1. The Plaintiff entered into a lease agreement with the Defendant on June 1, 2015 with regard to the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) as to the lease deposit of KRW 110 million and the term of lease from August 5, 2015 to August 5, 2017. The Plaintiff paid the above lease deposit to the Defendant and resided in the instant real estate, and requested the Defendant to refuse to renew the lease deposit and to return the deposit, but the Defendant failed to comply therewith: Provided, That the Plaintiff may, at the Defendant’s request, recognize the fact that the deadline for the return of the lease deposit has been extended by the end of June 2018, and there is no counter-proof.

According to the above facts, the lease contract of this case was terminated upon the expiration of the period.

Therefore, the defendant is obligated to return the above lease deposit to the plaintiff at the same time with the delivery of the real estate from the plaintiff.

Although the defendant asserts that it is not sufficient to return it, the above argument is rejected as it is not a justifiable ground to block the plaintiff's claim.

2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is reasonable.