임대차보증금반환
1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
1. Basic facts
A. The Plaintiff is a person who is engaged in educational service business under the trade name of “C,” and the Defendant is a person who engages in real estate business under the trade name of “D.”
B. In around 202, the Plaintiff leased from E the 6th floor (hereinafter “instant 6th floor”) and the 7th floor (hereinafter “instant 7th floor”) among the 6th floor of Busan Jin-gu, Busan (hereinafter “instant 6th floor”) and operated a private teaching institute on delivery of each of the instant 6th and 7th floor. Meanwhile, the Defendant acquired the ownership of the instant 6th floor on March 19, 2003.
C. On January 1, 2012, the Plaintiff renewed the instant six-story lease agreement with the Defendant with the terms of leasing deposit amounting to KRW 200 million, KRW 1,789,00 per month, and the term of lease from January 1, 2012 to March 30, 2014 (hereinafter “instant six-story lease agreement”). At that time, the Plaintiff paid the Defendant KRW 200 million.
On April 2014, the Plaintiff received from the Defendant a refund of KRW 190 million out of the above lease deposit.
【Ground of recognition】 The fact that there has been no dispute, Gap, 11, 13, 14, Eul-1, 11, and 11 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the six-story contract of this case was terminated on March 30, 2014 due to the expiration of the above lease term. Thus, barring any special circumstance, the defendant is obligated to pay to the plaintiff the remainder of KRW 10 million with the exception of KRW 190 million, excluding the amount of KRW 190,000,000,000, which the plaintiff was returned, as the duty of the lessor upon the termination of the lease.
3. Judgment on the defendant's defense
A. 1) With respect to the claim for reimbursement of the cost of restitution, the Defendant asserted by the parties, from the above lease deposit, KRW 7,700,000 (the part to be executed by the Defendant) and the floor construction cost of KRW 7,00,000 (the new lessee G).