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(영문) 서울동부지방법원 2016.02.16 2015가합5666

임대차보증금

Text

1. The defendant would pay 600,000,000 won to the plaintiff at the same time as the delivery of the building stated in the separate sheet from the plaintiff.

Reasons

On February 6, 2012, the Plaintiff leased a building specified in the attached Form from the Defendant to March 9, 2014, with a lease deposit of KRW 600,000,000, and the term of lease from March 10, 2012 to March 9, 2014; and the Plaintiff paid KRW 600,000,000 to the Defendant, there is no dispute between the parties.

Since it is apparent that the term of the above lease contract between the plaintiff and the defendant has expired, the defendant is obligated to return the above lease deposit amount of KRW 600,000,000 to the plaintiff.

On the other hand, the defendant has a duty to return the lease deposit at the same time with the delivery of the building stated in the attached Form from the plaintiff.

Since there is no dispute between the parties that the Plaintiff is currently residing in the building attached to the above lease agreement and delivered from the Defendant, the Plaintiff is obligated to return the building attached to the Defendant, which is the object of lease, upon the expiration of the above lease agreement. Since the duty to return the lease deposit and the duty to return the object to be borne by the lessor after the expiration of the lease agreement, the Defendant is obligated to return the lease deposit to the Plaintiff only with the delivery of the building attached to the lease.

The defendant's defense is justified.

Therefore, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.