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(영문) 서울중앙지방법원 2016.12.23 2016가단5110843

임대차보증금

Text

1. The defendant is simultaneously with the delivery of a building of 1,321 square meters and the second floor above the land in Gyeyang-gu, Gyeyang-gu, Yangyang-gu.

Reasons

1. Basic facts

A. On February 1, 2013, the Plaintiff entered into a contract with the Defendant on the lease deposit amounting to KRW 150,000,000 (hereinafter “the lease deposit in this case”) and KRW 150,000,000,000,000 for the term from February 29, 2013. (b) At the time of entering into the instant lease contract, the agreement was entered into with the Defendant on the instant one contract in attached Form (hereinafter “the instant one contract”) and the instant one contract was entered into with the Defendant on the condition that the Plaintiff would refund the lease deposit at any time, and that the Defendant would return the lease deposit to the Defendant (hereinafter “the instant lease contract”). The agreement was entered into at the time of entering into the instant lease agreement with the Defendant on the condition that the Plaintiff would return the lease deposit to the Defendant until 206,000,0000.

The term of the instant lease agreement expired, and according to the terms of the instant special agreement, the Defendant sent to the Plaintiff proof that the instant lease agreement was terminated, and that the Defendant would immediately refund the instant lease deposit to the Plaintiff until April 29, 2016. D. The Defendant had concluded the instant lease agreement with the Plaintiff on May 4, 2016, while the Defendant did not state the terms of the instant special agreement with the Plaintiff.

On March 26, 2013, the Plaintiff donated the instant lease deposit to the Defendant as living expenses.

Therefore, the Defendant did not have a duty to refund the instant lease deposit to the Plaintiff. Since the Plaintiff occupied the instant real estate without permission, the Plaintiff sent to the Plaintiff a certificate of content that “the removal is changed,” and the Plaintiff also sent to the Defendant on May 9, 2016, until May 17, 2016.