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Reasons
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(영문) 서울중앙지방법원 2018.10.18 2018나27378
임대차보증금
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1. The judgment of the first instance court, including the plaintiff's claim extended by this court, shall be modified as follows:

Reasons

1. Basic facts

A. On November 22, 201, the Plaintiff entered into a real estate lease agreement with C and D on the leased deposit amounting to KRW 45,000,000, and the lease term of KRW 2 years from December 2, 2011 to December 2, 2013 (hereinafter “instant lease agreement”). Upon the lessor’s consent, the Plaintiff entered into a real estate lease agreement with E, who is a grandchild, to reside in the instant real estate.

B. The instant lease agreement was concluded on December 2, 2013 by extending the term of the lease by December 2, 2015, and continued to have been implicitly renewed after December 2, 2015.

C. On March 3, 2015, the Defendant purchased a building listed in the attached list of real estate and succeeded to the status of a lessor as to the instant real estate upon completing the registration of ownership transfer in the future of the Defendant on May 11, 2015.

E Deceased on April 14, 2017, and the instant lease agreement was terminated by agreement between the Plaintiff and the Defendant around July 2017, and the Plaintiff delivered the instant real estate to the Defendant on July 14, 2018.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 14 through 17, 18-1 through 3, Gap evidence No. 4, and the purport of the whole pleadings and arguments

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was terminated by agreement between the parties around July 2017, and the Plaintiff transferred the instant real estate to the Defendant on July 14, 2018, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 45 million and delay damages therefor.

3. Judgment on the defendant's assertion

A. The Defendant’s assertion 1) returned KRW 17,00,000 out of the lease deposit to E who actually resided in the instant real estate. 2) The Defendant is causing damage to neighbors, such as dumping waste.

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