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(영문) 서울동부지방법원 2016.11.07 2016가단124888
전세보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 125,00,000 and the interest rate of KRW 15% per annum from June 18, 2016 to the date of full payment.

Reasons

Comprehensively taking account of the purport of the entire pleadings in Gap evidence Nos. 1, 2, and 3, the fact that the plaintiff leased the lease deposit amount of Eunpyeong-gu Seoul Metropolitan Government C Apartment 201 (hereinafter "the apartment of this case") on February 12, 2014 (hereinafter "the apartment of this case") by setting the lease deposit amount of KRW 125,00,000, and the period from March 2, 2014 to March 2, 2016 (hereinafter "the lease of this case"), and the fact that the plaintiff moved in after delivery of the apartment of this case on March 4, 2014 and moved out on May 11, 2016 may be acknowledged. The fact that the plaintiff paid all the above lease deposit to the defendant is not disputed between the parties, and it is apparent that the lease of this case has already expired, barring any special circumstances, the defendant is obligated to return the above lease deposit amount of KRW 125,00,000 to the plaintiff.

In regard to this, the defendant, as the plaintiff could not refund the above lease deposit, agreed to purchase the deposit amount of KRW 170,00,000 by the defendant and agreed to purchase the deposit amount of KRW 45,00,000, which is the difference and agreed to purchase it by May 5, 2016, and thus, the plaintiff terminated the duty to return the lease deposit. Thus, there is no evidence to acknowledge this, and in the case of selling and selling real estate with a burden under the registration record, the seller will extinguish all of the burden and execute the registration transfer of ownership to the buyer. Rather, according to the registration record of the apartment house of this case of this case of this case as claimed by the defendant after May 5, 2016, the defendant's assertion that the registration record of the apartment house of this case of this case of this case of this case is the maximum debt amount of KRW 200,000,000, which is the debtor, and there is no reason to prove the above fact that there is a provisional seizure of KRW 702,000.

Thus, the defendant shall pay 125,000,000 won to the plaintiff as lease deposit.

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