임차보증금등
1. The part of the judgment of the court of first instance against the plaintiff falling under the subsequent order of payment shall be revoked.
2...
1. In the first instance court, the Plaintiff sought the return of the lease deposit and the payment of consolation money to the Defendant, and the first instance court dismissed all of them.
In this regard, only the plaintiff appealed against the dismissal of the claim for the return of the lease deposit, so this Court's judgment is limited to the claim for the return of the lease deposit.
2. Facts of recognition;
A. On June 16, 2016, the Plaintiff entered into a lease agreement (hereinafter “the instant lease agreement”) with the Defendant on the lease, which leases (hereinafter “the instant lease agreement”) from the Defendant, the security deposit amount of KRW 90,000,000, and the period from July 13, 2016 to July 12, 2018.
B. The Plaintiff and the Defendant agreed to cover KRW 80,750,000, out of the lease deposit, and to cover KRW 9,250,00,00, by using the “full-time lease system” implemented by the Korea Land and Housing Corporation (LH) (if a low-income class, etc. in the case of physical color of housing desired to reside, the Korea Land and Housing Corporation shall enter into a lease agreement and then hold office at low cost).
C. The Plaintiff paid all the deposit to the Defendant in accordance with the terms agreed with the Defendant, and received and used the instant real estate from the Defendant.
Since then, on May 14, 2018, the maturity of the instant lease contract is due, and the Defendant returned KRW 5,000,000 to the Plaintiff out of the deposit for lease.
E. On September 4, 2018, the Plaintiff delivered the instant real estate to the Defendant, and the Defendant returned KRW 80,750,000, out of the lease deposit on the same day, to the Korea Land and Housing Corporation directly.
[Reasons for Recognition] Facts without any dispute, Gap 1, 9, 10, Eul 1, 2, the purport of the whole pleadings
3. Determination
A. According to the fact of finding the cause of the claim, the instant lease contract is concluded.