보증금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. Facts of recognition;
A. On September 14, 2010, the Plaintiff: (a) leased the Guro-gu Seoul Metropolitan Government Guro Apartment D (hereinafter “instant housing”) a lease deposit of KRW 130 million and monthly rent; (b) from October 28, 2010 to October 27, 2012, the lease period was determined and leased by the Defendant; (c) thereafter, the Plaintiff occupied and used the instant housing after paying the said lease deposit to the Defendant.
B. On June 28, 2018, the Plaintiff received text messages from the Defendant to the effect that the lease relationship is terminated on June 28, 2018 ( October 27, 2018) while residing in the instant house by renewal of the lease term two times thereafter.
C. The Plaintiff and the Defendant did not agree on the terms and conditions of the above lease contract when the lease contract is renewed three times as above, and did not prepare a new lease contract upon renewal, with the first written lease contract (Evidence A 1) as it is.
However, in consideration of the fact that the Plaintiff leased the leased property at a lower level than the surrounding market price without raising the lease deposit, the Plaintiff transferred the property to E’s account on December 3, 2012, KRW 240,000,000,000 on November 4, 2014, KRW 100,000 on October 25, 2016, KRW 200,000 on November 28, 2016, and KRW 1 million on August 25, 2017.
The Plaintiff was a director around November 5, 2018, and ordered the Defendant to order the instant housing.
[Reasons for Recognition] Each entry in Gap evidence 1-4 (including provisional number), the purport of the whole pleadings
2. According to the facts of the above recognition, since the above lease contract was terminated upon the expiration of the contract, the defendant paid the plaintiff the lease deposit amount of KRW 130 million to the plaintiff at the time of the plaintiff's director and the remaining KRW 2.4 million after deducting the amount of KRW 127.6 million, which the plaintiff voluntarily acknowledged at the time of the plaintiff's director, and as a result, he/she shall pay it from February 1, 2019, the day following the delivery of the copy of the complaint of this case, as requested by the plaintiff.