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(영문) 수원지방법원 2017.06.21 2017나4468
임대차보증금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall enter the attached real estate indication from the plaintiff.

Reasons

1. Facts of recognition;

A. On October 24, 2013, the Plaintiff entered into a lease agreement with the Defendant to lease the instant real estate indicated on the attached real estate owned by the Defendant (hereinafter “instant real estate”) as the lease deposit amount of KRW 140,000,000, and the term of lease from November 11, 2013 to November 10, 2014 (i.e., renewal from November 10, 2016) (hereinafter “instant lease agreement”). The Plaintiff occupied and used the instant real estate from November 11, 2013, after paying a deposit of KRW 140,00,000 to the Defendant.

B. E delegated by the Defendant with the authority to manage the instant real estate, sent text messages to deliver the instant real estate to the Plaintiff by November 10, 2016, prior to the termination of the renewed lease contract, and sent text messages to the effect that the Plaintiff would deliver the instant real estate to E upon responding to the request.

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

2. The Defendant’s judgment on the cause of the claim asserts that the instant lease agreement was implicitly renewed until November 10, 2018, but comprehensively taking account of the facts acknowledged earlier, it is reasonable to deem that the instant lease agreement was not renewed again and terminated on November 10, 2016, and thus, barring any special circumstance, the Defendant is obligated to return KRW 140,000,000 to the Plaintiff.

On the other hand, the plaintiff also sought damages for delay of the above lease deposit.

Where a lease contract is terminated, the lessor's obligation to return the deposit for lease and the lessee's obligation to return the object have a relationship of simultaneous performance, and where the lessee provides his own obligation under the bilateral contract in a relationship of simultaneous performance, if it is necessary to perform the other party's obligation, he shall complete the preparation to perform at any time, notify the other party of the fact, and receive it.

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