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(영문) 서울북부지방법원 2019.04.26 2018가단129678
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. 150,000,000 won shall be applied to the plaintiff.

Reasons

1. The following facts are recognized as either of the facts in dispute between the parties or as a whole together with the purport of the entire pleadings in each entry in Gap evidence 1 to 4:

A. On July 5, 2016, the Plaintiff: (a) leased the instant real estate from C and D, which was the former owner of the real estate indicated in the disposition (hereinafter “instant real estate”); (b) concluded a move-in report on July 5, 2016, by setting the lease deposit of KRW 150,000,000; (c) from July 16, 2016 to July 15, 2018 (hereinafter “instant lease”); and (d) completed the move-in report on July 5, 2016.

B. Meanwhile, the Defendant purchased the instant real estate from C and D on November 1, 2015, and completed the registration of ownership transfer based on the said sale on September 1, 2016.

C. On April 19, 2018, the Plaintiff notified the Defendant of the refusal to renew the instant lease agreement, and the said notification reached the Defendant around that time.

2. According to the fact of the above recognition, the lease of this case was terminated upon the expiration of the period according to the plaintiff's notice of rejection of renewal.

Therefore, as sought by the Plaintiff, the Defendant, who succeeded to the status of the previous lessor as the assignee of the instant building, is obligated to return the lease deposit KRW 150 million to the Plaintiff simultaneously with the delivery of the instant real estate from the Plaintiff.

3. If so, the plaintiff's claim of this case is reasonable and acceptable.

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