beta
(영문) 서울남부지방법원 2016.03.17 2015나58162

전세금반환청구

Text

1. The appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. On February 15, 2013, the Plaintiff entered into a lease agreement between the Defendant and the fourth floorhouse of Guro-gu Seoul Metropolitan Government DD (hereinafter “instant building”) with respect to deposit money of KRW 37,00,000, and the term of March 10, 2015 (hereinafter “instant lease agreement”). The instant lease agreement was terminated while the Defendant occupied and used the instant building after paying the deposit money to the Defendant, and the Defendant removed the instant building from the instant building, and returned KRW 36,80,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).

2. The assertion and judgment

A. (1) On March 14, 2015, the Plaintiff: (a) asserted that the Defendant had already completed the transfer of the building portion of this case to the Defendant on March 14, 2015, which was after the lease contract of this case was terminated; (b) the Plaintiff returned the security deposit by deducting KRW 200,000,000 from that on May 21, 2015, the following day following the Plaintiff’s assertion against the Defendant; (c) KRW 1,008,218,218 (=36,80,000) and unpaid security deposit from March 15, 2015 to May 21, 2015, the payment of the security deposit was made by the Defendant at the rate of KRW 1,208,218 and 200,000,000,000 per annum from the following day to May 21, 2015, respectively.

(2) On this basis, the Defendant shall restore the object to its original condition upon the termination of the lease, and the lessee shall not collect the coolant, etc. from the part of the instant building.