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(영문) 서울중앙지방법원 2019.04.30 2018가단5053722

임대차보증금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On February 25, 2009, the Plaintiff: (a) purchased a lease deposit of KRW 2.32.8 billion; (b) monthly rent of KRW 3,461,00; and (c) five years from the starting date of the designation period for occupancy; (b) entered into a contract to change the lease deposit of KRW 2.378,90,00 on the ground that the lease deposit was changed to the deposit; (c) the Defendant filed a lawsuit against the Plaintiff on July 14, 2016, for delivery of building KRW 200,000; and (d) on February 20, 2018, the Plaintiff paid the remainder of the lease deposit of KRW 360,00 from the expiration date of the lease contract to the expiration date of the lease contract of KRW 2.378 billion; and (d) on the ground that the Plaintiff did not pay the remainder of the lease deposit of KRW 2.616 billion to the Defendant on the ground that the lease contract was terminated.

2. Determination as to the cause of the claim, determined that the ground for increase in the lease deposit was recognized in the case of a large number of lease deposit repayment claims filed against the Defendant by some tenants of the apartment of this case

(B) Nos. 16 through 23). The Plaintiff takes into account whether the initial lease deposit is a considerable amount in determining whether the lessor’s claim for the increase of the lease deposit is appropriate. The instant lease deposit was set at a higher amount than ordinary cases, including the premium for sale in lots, or as the estimated sale price. The instant lease deposit was set at a higher amount. The Plaintiff entered into an amendment contract to increase the lease deposit in 201 by approximately 6%, and raised an amount equivalent to 5% of the lease deposit in addition, on December 2012.