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(영문) 서울남부지방법원 2018.11.08 2018가단8389

임차보증금반환

Text

1. The defendant shall pay KRW 120,000 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. On April 4, 2015, the Plaintiff entered into a lease contract with the Defendant and Geumcheon-gu Seoul Metropolitan Government for KRW 120,000,000, and the term of lease from May 14, 2015 to May 14, 2017, and paid KRW 120,00,000 to the Defendant.

(hereinafter “instant lease agreement”). At the time of the said contract, the Defendant agreed to receive the deposit from the Plaintiff to repay all the obligations of the collateral security (land and building) established on the said real estate and apply for cancellation of the registration.

On February 23, 2018, the Plaintiff notified the Defendant of the termination of the contract on the ground that the Defendant failed to perform the terms of the instant lease agreement by content-certified mail, and the said content-certified mail reached the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Judgment on the cause of the claim

A. According to the facts of recognition, the instant lease was renewed on May 14, 2017, when the Plaintiff and the Defendant did not express their intent to refuse the renewal of the contract, under the same conditions as the previous lease term expires, and on the other hand, on February 23, 2018, the Plaintiff expressed his intent to terminate the contract to the Defendant on the ground that the Defendant did not perform the special terms and conditions stipulated in the instant contract. Therefore, it is reasonable to deem that the instant lease was lawfully terminated at the expiration of three months thereafter.

(Article 6-2 of the Housing Lease Protection Act). Therefore, the defendant is obligated to return to the plaintiff the deposit 120,000,000 won paid by the plaintiff due to the termination of the contract.

B. The Plaintiff also sought damages for delay from the day following the delivery of a copy of the complaint on the above deposit, and thus, the lessor’s obligation to return the deposit and the lessee’s obligation to deliver the leased object are concurrently performed. However, the Plaintiff has occupied and used the leased object until the closing date of the instant argument.