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(영문) 서울중앙지방법원 2019.11.08 2019가합2846

임대보증금 등 반환 청구의 소

Text

1. The Defendant’s respective KRW 260,279,385 to the Plaintiffs, respectively, and 5% per annum from May 23, 2019 to June 20, 2019, respectively.

Reasons

1. Facts of recognition;

A. On March 1, 2017, the Plaintiffs leased, as a joint lessee, the amount of KRW 520,00,000, the lease deposit was set at KRW 520,000 from May 10, 2017 to May 9, 2019, the period of lease of the D apartment E-Dong 29th (hereinafter “instant real estate”).

B. On March 31, 2019, April 1, 2019, the Plaintiffs sent mobile phone text messages containing a wish to not renew each of the instant lease agreements to the Defendant; on April 2, 2019; on April 16, 2019; and on April 16, 2019, each of the instant text messages and content-certified mail sent to the Defendant at that time. Each of the instant text messages and content-certified mail sent to the Defendant.

C. On May 9, 2019, the Plaintiffs paid the long-term repair appropriations of KRW 558,770, which occurred from May 11, 2017 to May 9, 2019, and directors. D.

On May 21, 2019, the Plaintiffs registered a housing lease on the instant real estate under the order of lease registration pursuant to the order of lease registration pursuant to the Goyang-gu District Court 2019Kadan168, and on May 22, 2019, the Plaintiffs sent content-certified mail to the Defendant for the return of lease deposit and long-term repair appropriations, etc., and notified the Defendant of the password of the instant real estate entrance entrance, and the content-certified mail reached the Defendant around that time.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 6 evidence (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, the defendant is about the promotion of litigation, etc. from May 23, 2019 to June 20, 2019, the delivery date of the real estate and the claim date of the return of the long-term repair appropriations of 520,00,000 won x 1/2 of the lease deposit x 558,770 won x 1/2 of the long-term repair appropriations of 260,279,385 won to the plaintiffs.

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