임대차보증금반환
1. The plaintiff's appeal and the claim extended in the trial are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
1. (1) On June 4, 2014, the Plaintiff leased the lease deposit amount of KRW 150,00,000, and from August 4, 2014 to August 3, 2016, the lease term of KRW 1704 (hereinafter “instant apartment”).
(hereinafter “instant lease agreement”). Of the terms and conditions of the instant lease agreement, the relevant provisions of the instant lease agreement are as follows.
2. A lessor may conclude a contract on condition that he/she rents it after house-repair (in cases of changing, etc., shipboards, paperboards, painting, toilets, and dykes);
5. The balance date may be adjusted later.
(2) On June 9, 2014, the Plaintiff paid the Defendant a down payment of KRW 15,000,000, and KRW 135,000,000 on August 4, 2014, and paid all the lease deposit.
(3) On August 6, 2014, the Defendant informed the Plaintiff of the password of the locking device of the instant apartment, thereby allowing the Plaintiff to freely enter the instant apartment.
(4) The Plaintiff and the Defendant finally agreed on August 13, 2014 on the Plaintiff’s occupancy date.
(5) Upon the Plaintiff’s request, the cleaning company commenced cleaning the apartment of this case on August 12, 2014, which is the day immediately before the scheduled occupancy date, but it was not possible to complete cleaning due to the occurrence of considerable dusts.
(6) On August 12, 2014, the Plaintiff expressed to the Defendant a wish to cancel the instant lease agreement on the grounds that it is impossible to move into the instant apartment on August 13, 2014.
(7) On August 13, 2014, the Defendant completed the construction stipulated in the instant lease agreement, including the construction work to replace the Escke.
(8) On August 28, 2014 and September 19, 2014, the Plaintiff sent to the Defendant a letter verifying the content that the instant lease agreement was rescinded as the Defendant’s nonperformance of obligation, and that the Defendant compensates for damages incurred due to nonperformance.
(9) On August 3, 2016, the Plaintiff received a refund of KRW 150,000,000 from the Defendant.