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(영문) 서울남부지방법원 2015.04.30 2014나12237

임대차보증금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On April 9, 2004, the Plaintiff leased the lease deposit amount of KRW 18 million from B to April 22, 2006, for the purpose of using it as a company house, for the lease deposit amount of KRW 18 million, and the lease deposit amount of KRW 18 million from April 23, 2004 to April 22, 2006.

B. While the above lease was implicitly renewed, the Defendant purchased the instant house from B on April 25, 2013, and completed the registration of ownership transfer in the name of the Defendant on April 30, 2013.

C. The Plaintiff’s employee was a director of the instant housing around September 2013, and a new lessee who entered into a lease agreement with the Defendant from around October 2013 has resided in the said housing.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. There is no dispute as to the fact that the Defendant succeeded to the status of a lessor from B as the transferee of the instant house. As such, the instant lease contract was terminated on October 2013 by the Plaintiff’s director in the instant house and the Defendant had a new lessee reside in the instant house, and thus, the Defendant is obligated to refund KRW 18,000,000 to the Plaintiff.

3. The defendant's assertion on the deduction of the lease deposit against the defendant asserts that the plaintiff suffered damage equivalent to 5,684,300 won of the repair cost (the amount of KRW 1,925,00 won of the boiler, water pipe 64,300 of the 215,000 won of the urier, typ, typtop, 70,000 won of the lag, typtop, 2,200,000 won of the lag, and the above amount should be deducted from the lease deposit, since the plaintiff damaged the toilets changeer, typtos, water pipe facilities, boiler facilities, boiler facilities, glass windows, living room windows, sckeing strings, paintings, strings, and shocks.

According to the descriptions or images of the evidence Nos. 2-1, 2, and 3-1 to 3 of the evidence Nos. 2-2.