보증금반환
1. The defendant shall pay 280,040,400 won to the plaintiff and 15% per annum from October 15, 2018 to the day of complete payment.
1. Determination as to the cause of claim
A. Basic facts 1) On August 31, 2015, the Plaintiff and the Defendant, on August 31, 2015, set forth in the Gyeonggi-gu apartment C Apartment-gu, Gyeonggi-do, Gyeonggi-do (hereinafter “instant apartment”).
) The lease deposit was leased KRW 280,000,000, and the lease term was from October 23, 2015 to October 22, 2017 (hereinafter “instant contract”).
(2) Under the instant contract, the Plaintiff paid KRW 280,000,000 to the Defendant from August 31, 2015 to October 23, 2015, and received delivery of the instant apartment from the Defendant.
3) From July 2017 to December 2017, the Plaintiff knew that the Defendant had no intention to renew the instant contract two times, but the Defendant did not pay the lease deposit even after the lease term of the instant contract expires. On August 22, 2018, the Suwon District Court rendered an application for the order of lease registration under the Housing Lease Protection Act against the Defendant on August 27, 2018, and issued the order of lease registration on August 30, 2018. On August 30, 2018, the said order of lease registration was completed. The Plaintiff spent KRW 40,400 in relation to the application for the said order of lease registration.) The Plaintiff delivered the instant apartment to the Defendant on October 14, 2018.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 8 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings
B. According to the above facts of recognition, the instant contract was terminated on October 22, 2017, and the Plaintiff spent the expenses for filing an application for the order of lease registration. Thus, barring any special circumstance, the Defendant delivered the instant apartment to the Plaintiff (i.e., KRW 280,040,400 (=the expenses for filing an application for the order of lease registration to be borne by the Defendant pursuant to Article 3-3(8) of the Housing Lease Protection Act), and accordingly, the Plaintiff delivered the instant apartment to the Defendant on the following day after the delivery date of a duplicate of the written complaint.