보증금반환
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
Basic Facts
On October 14, 2015, the Plaintiff leased D Apartment E (hereinafter “instant apartment”) with the lease deposit of KRW 300,000,000, and the period from November 11, 2015 to November 10, 2017 (hereinafter “instant lease”), and occupied the instant apartment after completing the move-in report.
On January 20, 2018, the Plaintiff agreed to extend the lease term between C and the instant case by February 28, 2019, and the Defendant purchased the instant apartment from C on August 23, 2018, and succeeded to the lessor’s status of the instant lease contract around that time.
On March 8, 2019 and March 14, 2019, the Plaintiff demanded the Defendant to return the lease deposit on the grounds of the termination of the lease of this case, but did not receive the lease deposit from the Defendant. On April 25, 2019, the Plaintiff completed the registration under the order of lease registration on the instant apartment, and removed from the instant apartment on May 2, 2019.
The long-term repair appropriations paid by the Plaintiff while residing in the apartment of this case is KRW 427,160.
[Ground of recognition] Fact that there is no dispute, Gap evidence Nos. 1 through 10 (if there is a serial number, including a serial number; hereinafter the same shall apply), Eul evidence Nos. 2, assertion of the purport of the whole pleadings, and plaintiff's assertion of the judgment parties concerned claims for the return of lease deposit and long-term repair appropriations, and the defendant does not have the duty of return (payment). The plaintiff and the defendant's specific arguments are as follows.
As to the lease term, the Plaintiff asserts that the Defendant agreed to extend the lease term by April 2019, while the Defendant asserts that the lease term in this case was extended or impliedly renewed until April 2020, and is still in force until now.
With respect to the simultaneous performance defense, the defendant shall return the lease deposit to the plaintiff and the plaintiff's apartment of this case.