전세보증금반환청구
1. The Defendant’s KRW 351,600 and the Plaintiff’s annual rate from May 11, 2019 to November 26, 2019, and the following.
1. Facts of recognition;
A. (1) On June 2017, the Plaintiff is the Plaintiff’s Gyeongjin-gun E and F (hereinafter “instant housing”) from the Defendant.
2) The Plaintiff leased the instant lease agreement (hereinafter “instant lease”).
(2) The Plaintiff paid 200,000 won to the Defendant on June 5, 2017, and 650,000 won on June 19, 2017, respectively, and received the instant house from the Defendant on June 19, 2017.
3) On July 19, 2017, the Plaintiff paid the Defendant KRW 350,00 to KRW 350,000,000 to August 19, 2017, and KRW 400,000 to KRW 19,000 each month from September 19, 2017 to June 20, 2018. B. The Plaintiff delivered the instant housing to the Defendant on July 10, 2018. (c) G leased the instant housing from D, the Defendant’s mother, on July 11, 2018. The Defendant paid KRW 35,520 to the Plaintiff on July 23, 2018. [Grounds for recognition] The Defendant paid KRW 35,520 to the Plaintiff without any dispute, Nos. 2 and 10 (including each number; hereinafter the same shall apply).
each entry, the purport of the whole pleading
2. Determination as to the cause of action
A. The gist of the Plaintiff’s assertion 1) The instant lease agreement was KRW 500,00,000,000 for the first deposit and KRW 3.5 million for monthly rent. At the Defendant’s request, the Plaintiff increased the monthly rent by KRW 400,000,000. (2) On June 2018, the Plaintiff entered into a renewal agreement with the Defendant for extension of the lease term, and paid KRW 400,000,000,000,000 to the Defendant on the day of the renewal agreement. The Defendant unilaterally notified the Plaintiff of the termination of the renewal agreement after approximately 2-3 days thereafter, and the Plaintiff unilaterally delivered the instant house to the Defendant on July 10, 2018.
3) Therefore, the Defendant’s payment of deposit KRW 500,000 and monthly rent KRW 400,000,000 to the Plaintiff (the Defendant, as a contracting party under the instant lease agreement, cannot be paid a fee from the Plaintiff to the time of delivery).
(4) Meanwhile, the Plaintiff imposed on the instant housing during the instant lease term.