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(영문) 서울중앙지방법원 2019.06.12 2018나49323

임대보증금반환

Text

1. According to the claim of the principal lawsuit that the court changed to an exchange in this court, the Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On August 29, 2015, the Defendant entered into a lease agreement between the Plaintiff and the Defendant (hereinafter “instant lease agreement”) with respect to the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”), with the lease deposit of KRW 30 million, KRW 300,000 per month (payment on the first day of each month), and the lease term from September 10, 2015 to September 9, 2017 (hereinafter “instant lease agreement”).

B. According to the instant lease agreement, the Plaintiff paid KRW 20 million to the Plaintiff and resided in the instant real estate upon delivery. On October 10, 2015, the Plaintiff did not pay KRW 10 million the remainder of the lease deposit, which was agreed to pay by October 10, 2015, and the rent was in arrears for at least two years.

C. Accordingly, on February 16, 2016, the Defendant filed a lawsuit against the Plaintiff on the grounds of the termination of the instant lease agreement (Seoul Central District Court 2016Kadan18126). The instant appellate court (Seoul Central District Court 2017Ma5927 (Na5944)) (hereinafter “instant conciliation”) had its main contents constituted the following conciliation (hereinafter “instant conciliation”).

① By July 5, 2017, the Plaintiff received KRW 18,000,00 from the Defendant and simultaneously delivers the instant real estate to the Defendant.

② The Defendant shall pay KRW 18,00,000 to the Plaintiff simultaneously with the delivery of the instant real estate from the Plaintiff by July 5, 2017.

③ The Plaintiff cooperates with the Defendant with respect to the new lease of the instant real estate, and cooperates with the lower floor repair work of the said real estate.

④ The Plaintiff and the Defendant do not raise any objection to the other party regarding the instant real estate in the future.

The Defendant requested the Plaintiff to verify the water leakage part of the instant unit C housing units below the instant real estate and to cooperate with the Plaintiff so that water leakage works may be carried out pursuant to the aforementioned adjustment clause. However, the Plaintiff did not cooperate, and the instant real estate is also real estate until July 5, 2017.