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(영문) 서울서부지방법원 2020.02.13 2019가합38994

보증금반환

Text

1. The Defendants shall be jointly and severally liable to receive real estate listed in the annexed real estate list from the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 6, 2017, the Plaintiff entered into an obligatory lease agreement with the Defendants on the lease of real estate listed in the attached real estate list (hereinafter “instant real estate”) with deposit money of KRW 320,00,000,00, and the term from October 19, 2017 to October 19, 2019 (hereinafter “instant lease agreement”). The Plaintiff paid KRW 10,000,000 as deposit money, around September 6, 2017, as KRW 320,000,000 (hereinafter “instant deposit”).

B. On July 1, 2019 and September 18, 2019, before three months prior to the expiration date of the instant lease contract ( October 19, 2019), the Plaintiff notified each of the Defendants that “the Plaintiff would be a director at the time of termination of the contract” and expressed his/her intent to refuse the renewal of the instant lease contract.

C. On October 16, 2019, the Defendants notified the Plaintiff of the text message that “the Plaintiff would return the instant deposit at the same time in response to the Plaintiff’s disclosure of the time of leaving the instant real estate,” and the Plaintiff responded to the purport that “the Plaintiff may seek a new house from the Defendant to receive the refund of the instant deposit from the Defendant and withdraw from the instant real estate, and at least one month or one month, even if he seeks to do so.”

[Ground of recognition] The fact that there is no dispute, Gap's evidence of subparagraphs 1 through 4 (if there is an additional number, including a branch number; hereinafter the same shall apply), Eul's evidence of subparagraphs 1 through 3, and the purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, the instant lease agreement was terminated upon the lapse of October 19, 2019, and thus, the Defendants are obliged to return the deposit amount of KRW 320,000,000 to the Plaintiff simultaneously with the delivery of the instant real estate from the Plaintiff.

3. If so, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition by admitting it.