(영문) 서울남부지방법원 2019.11.28 2019가단217807

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(영문) 서울남부지방법원 2019.11.28 2019가단217807

보증금반환

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 4, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant as stipulated in the attached list (hereinafter “instant building”) among the real estate listed in the attached list owned by the Defendant and C (hereinafter “designated”) (hereinafter “instant building”) as the lease deposit amount of KRW 35 million, monthly rent of KRW 350,000,000, monthly rent of KRW 350,000, and from April 4, 2015 to April 4, 2017 (hereinafter “instant lease agreement”).

B. On March 11, 2017, the Plaintiff and the Defendant concluded a renewal contract extending the lease term of the instant lease to April 4, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On March 2018, the Plaintiff asked the Defendant whether the deposit can be refunded because he/she moved to a foreign country, and the Defendant cannot return the deposit by the expiration of the lease term.

On November 2018 and January 28, 2019, the Plaintiff expressed his/her intent not to extend the instant lease contract several times with the Defendant, and on March 31, 2019, the Plaintiff refused to return the lease deposit on the ground that he/she did not notify the Defendant of his/her intention not to extend the contract two months prior to the termination of the lease contract.

However, since the Plaintiff notified the Defendant several times from January 2018, the instant lease agreement was terminated at the expiration of the term, and the Plaintiff completed the move-in report to another address on April 9, 2019 after completing the lease registration under the lease registration order on the instant building on April 12, 2019, and completed the move-in report to another address on May 9, 2019. The Plaintiff sent the instant real estate to the Defendant with the instant password and the first floor door card affixed a photograph and sent it to the Defendant. As such, the Defendant delivered the instant real estate to the Defendant.

유사 판례

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