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(영문) 수원지방법원 2016.09.20 2016나1110
건물인도 등
Text

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

The defendant shall pay 3,200,000 won to the plaintiffs.

(b).

Reasons

1. Basic facts

A. On April 5, 2011, the Plaintiffs entered into a lease agreement with the Defendant, setting forth a deposit of KRW 70,000,000, monthly rent of KRW 200,000, and the period from April 30, 201 to April 29, 2013.

B. Upon the Defendant’s request, the above lease agreement was renewed, and the Plaintiffs and the Defendant agreed to increase the rent to KRW 400,000 per month instead of reducing the deposit to KRW 50,000,000 on July 30, 2014.

(hereinafter referred to as “instant lease agreement” in total, of the lease agreements described in paragraphs (a) and (b) above.

On July 2014, and September 2014, the Defendant sent to the Plaintiff a textbook to the effect that the repair is necessary due to the occurrence of water leakage in the instant real estate. From October 2014, the Defendant began to send a document verifying the content thereof.

On March 2015, the Plaintiffs expressed their intent to refuse the renewal of the instant lease agreement to the Defendant. Accordingly, upon accepting the Defendant’s request for partial return of the lease deposit, the Plaintiffs returned KRW 5,000,000 out of the lease deposit to the Defendant on March 20, 2015.

E. On April 17, 2015, water pipes installed on the wall of an inner wall of the instant real estate, and the instant real estate was flooded, and the Defendant left a part of the house at that time and went to a director in the instant real estate.

F. On April 29, 2015, Plaintiff A requested the Defendant to provide an answer to the settlement of the lease agreement. On the other hand, Plaintiff A and the Defendant paid KRW 44,073,390,00, which deducts the deposit amount of KRW 45,000 payable to the Defendant from KRW 45,00,000 ( KRW 400,000,000 among September 2014, KRW 200,000 among February 1, 2014, KRW 10,000 among February 1, 2015, and KRW 226,610 from April 17, 2015, and KRW 4,073,390 deducted from the deposit amount of KRW 45,00 to KRW 45,00,00, the Defendant issued to Plaintiff A’s key to the said real estate.

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