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(영문) 대구지방법원 2019.08.28 2018나322249

임대차보증금반환

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

Reasons

1. Basic facts

A. On January 14, 2017, the Plaintiff leased an apartment (hereinafter “instant apartment”) of the Daegu Suwon-gu E apartmentF from the Defendants with the lease deposit of KRW 50 million, KRW 130 million per month, KRW 1.3 million per month (payment in advance on February 8, 2017), and the lease term from February 8, 2017 to February 7, 2019 (hereinafter “instant lease”), and paid the said lease deposit.

In 2018, the plaintiff has a pair of balls that are admitted to high schools as children.

B. On February 1, 2018, the Plaintiff sent a text message to the Defendants, stating that “It is necessary for a high school to move into the school due to the difficulty of attending the school. It is necessary to send a text message to the contract office for two years, not having opened the contract at the present end.” On the following day, the Plaintiff sent a text message stating that “I would be the director at the 13th day, and I would like to return the deposit and receive a large amount of money in good amount as the intention of the owner of the house.”

C. On February 8, 2018, the Plaintiff sent a text message to the Defendants, stating, “the boiler has a problem in the operation of the boiler, there is a change in the floor of the living room due to water leakage, and there is a phenomenon of water leakage in the bathing and drainage hole,” and “a director plan may be planned pursuant to the school allocation even if water leakage in the living room floor after moving into the boiler, and the boiler pipe of the living room was locked and dried. For a year, a text message was sent to the Defendants, stating that “the boiler was operated only by a water boiler with an electric heating system used.”

On February 11, 2018, Defendant D visited the instant apartment with the boiler engineer and inspected the boiler.

E. On February 12, 2018, the Plaintiff sent to the Defendants a document verifying the termination of the instant lease agreement, as the following defects exist in the apartment of this case. The said mail was served to the Defendants around that time.

broken down in the bottom of the living room, gas emitting range, etc.