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(영문) 의정부지방법원 2019.10.18 2019가단6478
임대차보증금
Text

1. The defendant shall deliver the real estate stated in the separate sheet from the plaintiff to the plaintiff at the same time. 100,000,000 won shall be applied to the plaintiff.

Reasons

1. Facts of recognition;

A. On November 24, 201, the Plaintiff entered into a lease agreement between D and D, the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), with the lease deposit amount of KRW 120,00,000 for the instant real estate; the lease term of which was from February 24, 2012 to February 23, 2014 (hereinafter “instant lease agreement”); and thereafter, paid the said lease deposit to C via D.

B. On February 7, 2011, the Plaintiff received the instant real estate, and completed a move-in report.

C. On January 2012, the Plaintiff notified C of the absence of intention to renew the instant lease agreement, and requested C to refund the lease deposit, but the Plaintiff was unable to refund the lease deposit and continued to reside in the instant real estate even after the expiration of the instant lease agreement.

On April 18, 2012, C sold the instant real estate to E, and E sold the instant real estate to the Defendant on August 5, 2014, and on August 20, 2014, C completed the registration of ownership transfer in the name of the Defendant.

E. On August 20, 2014, the Defendant returned KRW 20,000,000 out of the lease deposit to the Plaintiff. As to the instant real estate in the Plaintiff’s wife F, the Defendant created a right to collateral security of KRW 105,00,000 under the Plaintiff’s wife F.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 10-3, Eul evidence 1 and 2, the purport of the whole pleadings

2. According to the allegations and the above findings, the instant lease contract was terminated, and the Defendant, as the transferee of the instant real estate, succeeded to the lessor status of the instant lease contract, and the Defendant is obligated to return KRW 100,000,000,000, which was already returned from KRW 120,000,000, deducted the amount of KRW 20,000, which was already returned from the lease deposit.

The plaintiff shall claim the return of KRW 105,000,000,000.

The maximum debt amount of the right to collateral security established by the defendant is KRW 105,00,000.

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