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(영문) 부산지방법원 동부지원 2018.01.11 2017가합102302

전세보증금반환

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1. The Defendant: 5% per annum from April 11, 2017 to January 11, 2018 and January 201, 2018 to the Plaintiff. < Amended by Act No. 328,989,042, Jan. 1, 2018>

Reasons

1. Basic facts

A. On December 24, 2013, the Plaintiff and the Defendant moved 2801 (hereinafter “instant apartment”) to the Busan Shipping Daegu Apartment Co., Ltd. (hereinafter “instant apartment”) owned by the Defendant between the Defendant and the Defendant.

As to the lease deposit, 420,000,000 won, term of lease was from January 12, 2014 to January 11, 2016 (hereinafter “instant lease agreement”).

(2) After the termination of the above lease term, the Plaintiff went to the instant apartment around February 2, 2017, and the Plaintiff returned the key of the instant apartment to the real estate agent office designated by the Defendant on April 10, 2017, since the Defendant did not refund the said lease deposit to the Plaintiff at that time, the Plaintiff completed the registration of establishment of the right to lease on the instant apartment and returned the key of the instant apartment to the real estate agent office designated by the Defendant.

B. On September 12, 2016, the Defendant entered into a provisional contract with D and E on the instant apartment, and D and E respectively, paid KRW 30,00,000 on September 12, 2016, and KRW 20,000 on September 26, 2016, and KRW 940,00,000 on September 30, 2016 (contract amounting to KRW 90,000,00,000 on September 30, 2016) with D and E, and the Defendant entered into a provisional contract with the Defendant on September 14, 2016 as the contract amount of KRW 390,00,000,000 on September 14, 2016, the Defendant paid KRW 460,000,000 on the remainder of the contract amount under the instant special contract with the Plaintiff as the contract amount of penalty for breach of contract.

3) Subsequent to the above sales contract, the Defendant paid the remainder down payment of KRW 40,000,000 and intermediate payment of KRW 390,000,000 excluding the provisional contract deposit from D and E pursuant to the above sales contract, but the Plaintiff continued to reside in the instant apartment until the delivery date of the instant apartment and was unable to deliver the instant apartment to D and E. Ultimately, D and E return the down payment, etc. against the Defendant to the Dong branch of Busan District Court.