임대차보증금
1. The Defendant (Counterclaim Plaintiff) paid KRW 100,500,000 to the Plaintiff (Counterclaim Defendant) and its related amount from January 31, 2018 to October 16, 2018.
1. Basic facts
A. On October 28, 2015, the Defendant leased the real estate listed in the separate sheet (hereinafter “instant apartment”) to the Plaintiff on condition that the lease deposit KRW 150 million, monthly rent of KRW 9 million, and the lease term from November 8, 2015 to November 7, 207, respectively.
(hereinafter “instant lease agreement”). B.
(1) On May 2017, the Plaintiff (director C) received a request from the Defendant (D) to cooperate that “to sell an apartment”. The Plaintiff entered into a contract for the establishment of the apartment of this case, stating that “the instant apartment is to sell the apartment as soon as possible,” and that “the instant apartment is to sell the apartment as soon as possible.”
However, when the sale of the above apartment was unpaid, the defendant cannot refund the lease deposit before the expiration of the lease term, and did not state the plaintiff's request for the refund of the lease deposit.
Accordingly, around that time, the Plaintiff expressed his/her intent to “no intention to extend the contract” to the Defendant, and did not pay the rent after June 8, 2017. Around July 29, 2017, the Plaintiff was a director of the same apartment building No. 103 6802, supra, around July 29, 2017, but left part of it to secure the return of the lease deposit.
(2) As the original lease term expires on November 7, 2017, the Plaintiff deducted all remaining animals, and on November 9, 2017, the Plaintiff demanded the Defendant (D) to “a request to confirm the house and settle the lease deposit amount,” and “a request to extend the lease deposit due to an overseas situation,” upon the request of the Defendant (D) (D), made a compromise with the Defendant (D) on November 13, 2017.
On November 13, 2017, the Plaintiff (C) and the Defendant (D) confirmed only or inside the instant apartment on November 13, 2017, and demanded that the Plaintiff “i.e., refund of the deposit for lease.” As the Defendant demanded, the Defendant refers to a dispute that the construction cost for restoring the damaged part, etc. to its original state is to be calculated, and to reconvened.”