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(영문) 춘천지방법원 2019.08.16 2019가단107

임대차보증금

Text

1. The defendant shall pay 100,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. On February 28, 2013, the Plaintiff entered into a real estate lease agreement (hereinafter “instant lease agreement”) with the Defendant on the lease deposit of KRW 100 million and the lease deposit of KRW 100 million from March 30, 2013 to March 30, 2015 (hereinafter “instant apartment”).

B. The Plaintiff received a claim seeking a provisional attachment from the Defendant regarding another apartment owned by the Defendant as KRW 100 million in the deposit deposit, and filed an application for provisional attachment of real estate on 14 bonds owned by the Defendant, including the instant apartment, with the Chuncheon District Court 2015Kadan102, and received a ruling of accepting the provisional attachment on February 3, 2015.

C. On August 1, 2018, upon the Defendant’s application, E Co., Ltd., a creditor of the instant apartment, the decision of commencing a compulsory auction was issued on August 1, 2018, and was sold to G on February 27, 2019. The Plaintiff submitted a claim statement as a provisional attachment authority and lessee on March 7, 2019, but did not receive a dividend in close relation to the relevant tax and senior mortgagee, etc. on the date of distribution implemented on March 18, 2019.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination:

A. The gist of the Plaintiff’s assertion asserts that the Plaintiff is liable to pay the Plaintiff the deposit deposit KRW 100 million and its delay damages, since the instant lease agreement was terminated on March 30, 2015 as the expiration of the period.

B. First, as to whether the instant lease contract was terminated, the Defendant asserted to the effect that, inasmuch as the instant lease contract was implicitly renewed on March 30, 2015, at the expiration of the lease term, the claim for the refund of the rental deposit on the ground of the expiration of the lease term

On February 3, 2015, which was about 2 months prior to the expiration of the lease term, the Plaintiff’s provisional seizure of real estate against the 14 debentures owned by the Defendant on February 3, 2015.