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(영문) 창원지방법원 2019.07.26 2018나4738
임대차보증금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On December 14, 2012, the Plaintiff leased D Apartment E (hereinafter “instant apartment”) 37,50,000 won as security deposit, monthly rent of KRW 98,000 as security deposit, from December 16, 2012 to December 16, 2013, and paid KRW 37,500,000 as security deposit to the said company.

Apartment and Monthly Tax Agreement

1. Indication of apartment: The apartment in this case;

2. Terms and conditions of a contract: Deposit 37,50,00 won, monthly rent 110,500 won, and transfer contract under a special agreement for two months from the delivery date of the term of the lease shall be attached, and the termination date of the lease contract on December 24, 2016;

In the above deposit, the unpaid monthly tax, management expenses, arrears, and public charges shall be settled and paid after deducting them from all.

(A) On July 1, 2016, the non-party company (person) representative of the non-party company (person) who is the lessee (person)

B. On July 1, 2016, the Plaintiff drafted a lease agreement with the Defendant on the instant apartment with respect to the instant apartment.

C. On July 6, 2016, the ownership of the instant apartment was transferred from Co., Ltd. to F (hereinafter “Nonindicted Company”) to a limited liability company, and was transferred from Nonparty Co., Ltd. to the Defendant again on the same day.

On December 24, 2016, the expiration date of the above lease agreement, the Plaintiff removed from the apartment of this case and completed delivery.

[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff entered into a lease agreement with the Defendant with the term of KRW 37,50,00, monthly rent of KRW 110,500, and the term of lease from July 1, 2016 to December 24, 2016, and paid the lease deposit. The said lease agreement terminated on December 24, 2016.

Therefore, the defendant shall pay the plaintiff the overdue rent of KRW 5,220,820 from the lease deposit of KRW 37,50,000, and the unpaid management expenses.

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