임대차보증금반환
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. Claim for cancellation of the registration of housing lease, among the counterclaims in this case.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On May 22, 2012, the Plaintiff (C) entered into a lease agreement with the Defendant (all of the affairs related to the lease and lease agreement with C, each of the Defendant’s agents, and C) and the building listed in the separate sheet owned by the Defendant (hereinafter “instant building”) with the lease deposit amount of KRW 57 million and the lease period from June 15, 2012 to June 14, 2014, and paid the Defendant the deposit amount of KRW 57 million to the Defendant.
B. The Plaintiff agreed to extend the term of the instant lease agreement with the Defendant on June 2014, when using the building upon delivery from the Defendant, and paid an additional amount of KRW 5 million to the Defendant on July 31, 2014.
C. On May 11, 2018, the Plaintiff notified the Defendant of the refusal to renew the above lease agreement, and demanded the return of the deposit amount of KRW 62 million.
The Defendant completed the return of the deposit by paying the Plaintiff KRW 6 million on September 17, 2018, KRW 28 million on November 21, 2018, while the instant lawsuit was pending, KRW 6.5 million on November 25, 2018, KRW 6.5 million on November 25, 2018, and KRW 1.5 million on November 25, 2018, respectively.
E. On November 15, 2018, the Plaintiff completed the registration of the lease of a house (hereinafter “registration of the lease of this case”) with a deposit of KRW 62 million under Article 123699, which was received on November 15, 2018.
F. On January 13, 2019, the Plaintiff handed over the instant building to the Defendant.
[Ground of recognition] The fact that there is no dispute, Gap's No. 1-5 (including paper numbers; hereinafter the same shall apply), Eul's No. 1-5 (including paper numbers; hereinafter the same shall apply), and the purport of the whole pleadings
2. Determination as to the principal lawsuit
A. The purport of the Plaintiff’s assertion is that the Plaintiff notified the Defendant of his refusal to renew the lease agreement prior to the termination of the said lease agreement. However, the Defendant’s delay in returning the deposit amount to the Plaintiff, which is a loss incurred to the Plaintiff, KRW 5 million for the contract deposit, KRW 1.5 million for directors’ expenses, and mental health.