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(영문) 청주지방법원 2015.10.21 2015가합21971

보증금반환

Text

1. The part of the instant lawsuit claiming expenses for the order of lease registration shall be dismissed.

2. The defendant shall pay to the plaintiff KRW 26,424.

Reasons

1. Basic facts

A. On February 5, 2013, the Plaintiff entered into a lease agreement with the Defendant for KRW 200 million and the term of lease for KRW 200 million from March 1, 2013 to June 30, 2015 (hereinafter “instant lease agreement”) with respect to the instant apartment (hereinafter “instant apartment”) and occupied the instant apartment by paying the said KRW 200 million to the Defendant as a security deposit.

B. The Plaintiff demanded the Defendant to return the deposit on June 30, 2015, which was the expiration date, before the term of the above lease expires.

C. However, on June 30, 2015, the Defendant failed to return the deposit on the expiration date of the above contract period, and the Plaintiff applied for the order of lease registration to this court on the instant apartment, and received the order of lease registration, and delivered the instant apartment to the Defendant on July 21, 2015.

On August 3, 2015, the Defendant deposited KRW 200,328,767 on the ground that the Plaintiff refused to receive the lease deposit of this case and the interest in arrears accrued after delivery of the apartment of this case, and that the Plaintiff was willing to appropriate it for partial repayment.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3 through 7, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that since the plaintiff did not refund the lease deposit of this case and paid KRW 341,889 to receive the lease deposit of this case, the defendant should pay it to the plaintiff.

Ex officio, the tenant's application for the order of lease registration and the claim for the expenses of lease registration under Article 3-3 (8) of the Housing Lease Protection Act has the nature of the execution expenses to be determined in the procedure such as the application and judgment of the order of lease registration under the same Article, the objection and the judgment of the cancellation.