임대차보증금반환
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of lawsuit shall be.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Defendant is the owner of Gangnam-gu Seoul Metropolitan Government C Apartment D (hereinafter “instant apartment”).
B. On July 21, 2015, the Plaintiff entered into a lease agreement with the Defendant as to the instant apartment (including additional tax) with a deposit of KRW 300,000,000, monthly rent of KRW 2700,000 (including additional tax), and the lease agreement as between August 3, 2015 and February 10, 2018 (hereinafter “instant lease agreement”), and received delivery of the instant apartment by paying KRW 300,000,000 to the Defendant around that time.
C. On October 23, 2017, the Plaintiff notified the Defendant that he/she had no intent to renew the instant lease agreement.
After the termination of the instant lease agreement, the Plaintiff demanded the Defendant to return the deposit, and continued to reside in the instant apartment, and delivered it to the Defendant on July 13, 2018.
E. Meanwhile, while residing in the instant apartment, the Plaintiff paid KRW 585,200 in total as the long-term repair appropriations of the instant apartment on behalf of the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 3-1, 4, Gap evidence 4, Gap evidence 6-2, the purport of whole pleadings
2. Determination on the main claim
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount equivalent to the monthly rent from February 11, 2018 to July 13, 2018, which is the day following the termination date of the instant lease contract that the Plaintiff was the Plaintiff at KRW 300,000,000, and the remainder of the lease deposit 286,238,710 and the long-term repair appropriations paid by the Plaintiff, after deducting the amount equivalent to the monthly rent from February 11, 2018 to July 13, 2018 (i.e., delivery date of the instant apartment x KRW 2,70,000 x 5 months x 3 months x 5 months x 3 days x 286,238,710, and delay damages thereon.
B. Determination of the Defendant’s assertion 1 is that the Defendant is fully liable for the repayment deposit such as the repayment deposit.