보증금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 11, 2016, the Plaintiff entered into a lease agreement with the Defendant on the condition that the Incheon Apartment and 207 Dong 1301 (hereinafter “instant apartment”) are leased each of the deposits of KRW 295,00,000, and the period from November 28, 2016 to November 27, 2017 (hereinafter “instant lease agreement”), and paid the Defendant the down payment of KRW 30,000,000 on the same day.
B. On November 28, 2016, the Plaintiff paid the remainder of KRW 265,00,000 to the Defendant and received delivery of the instant apartment from the Defendant.
C. On October 26, 2017, around one month prior to the expiration of the instant lease agreement, the Plaintiff notified the Defendant of the refusal to renew the instant lease agreement, and sent a letter verifying the contents of the request to return the full amount of the deposit upon the expiration of the said contract.
After the Plaintiff sent the content-certified mail, D, the husband of the Plaintiff, divided into discussions on the timing of returning the deposit with the Defendant by wire on November 9, 2017. The Defendant did not have any way to pay the deposit if the Plaintiff had known of the present age. The Defendant responded to the following: “The apartment of the instant case should not have any other secured loan in a canter ( even if the Plaintiff completed the lease registration).” In response, the Plaintiff did not have any special way to return the deposit to the Plaintiff if the new lessee did not appear before the expiration of the lease term of the instant case.
E. On November 28, 2017, following the expiration date of the instant lease agreement, the Plaintiff filed the instant lawsuit and filed an application for the registration of housing lease (Seoul District Court 2017Kadan5152) against the Defendant.
The above application was cited on November 29, 2017, and the registration of housing lease was completed as of December 7, 2017, received on December 7, 2017 at the request of the court.
F. The Defendant received the instant complaint, and then on December 21, 2017, to the Plaintiff.