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(영문) 서울중앙지방법원 2019.05.24 2018가합585580
임대차보증금
Text

1. The Defendant’s KRW 250,000,000 as well as 5% per annum from October 14, 2018 to November 9, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On August 29, 2016, the Plaintiff entered into a contract with the Defendant to lease Jongno-gu Seoul Metropolitan Government Buildings C and D (hereinafter “instant real estate”) with the lease deposit amount of KRW 250,000,000, and from September 22, 2016 to September 21, 2018 (hereinafter “instant lease contract”) and resided in the instant real estate from September 22, 2016.

B. On August 2018, before the expiration of the instant lease agreement, the Plaintiff notified the Defendant of the purport that “I would be a director in the instant real estate,” “I would return the lease deposit upon the expiration of the lease term.”

C. On September 21, 2018, the expiration date of the lease term of the instant lease agreement, the Plaintiff sent to the Defendant a document stating that “The Plaintiff, on August 1, 2018, notified the Defendant of his/her intention not to extend the lease term under the instant lease agreement through an office of real estate real estate agents conducting the Defendant’s lease and management business by proxy, and even thereafter, he/she did not intend to extend the lease term until now. However, as the Defendant did not refund the lease deposit after the expiration of the lease term, he/she is liable to compensate the Defendant for the interest on the lease term, penalty, and expenses incurred in filing an application for the lease registration order, etc., to be paid to the financial institution with respect to the instant real estate.”

On October 13, 2018, the Plaintiff removed from the instant real estate.

E. Meanwhile, the Plaintiff filed an application for the order of lease registration of the instant real estate with the Seoul Central District Court on October 26, 2018, and the said court accepted the said application on October 26, 2018 (No. 2018Kau30159), and the registration of the right to lease of the instant real estate was completed.

【Ground of recognition】 dispute.

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