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(영문) 서울중앙지방법원 2017.10.13 2016나63622
임대차반환금
Text

1. The Plaintiff’s appeal against the Defendants and the Plaintiff’s claim expanded in the trial room are all dismissed.

2...

Reasons

1. On September 5, 2015, the Plaintiff: (a) leased the Gangnam-gu Seoul Metropolitan Government D, 301 (hereinafter “instant housing”) KRW 10,00,000 as deposit; (b) monthly rent of KRW 680,000 as deposit; (c) the period from September 10, 2015 to September 9, 2016; (d) paid KRW 10,000,00 as deposit money to the Defendants; and (e) prepaid the rent and management expenses until November 9, 2015.

On November 1, 2015, the Plaintiff moved from the instant housing to another place.

During the instant lawsuit, the Defendants submitted a preparatory document dated March 22, 2016 stating that “The Plaintiff did not pay the monthly rent from November 2015, and thus terminating the instant lease agreement.” The said preparatory document was served on the Plaintiff on March 24, 2016.

On March 31, 2016, the Defendants deposited KRW 6,693,973,973 by stating that “The Plaintiff unilaterally withdraw from the instant house and demanded the Defendants to return the lease deposit,” the Defendants agreed as of March 23, 2016, with the Plaintiff as the principal deposit in order to return the remaining amount after deducting KRW 3,306,021 from the unpaid rent, electricity charges, and management fees from the deposit to March 23, 2016.”

(hereinafter referred to as "the deposit of this case") . / [Grounds for recognition] / Each entry of Gap evidence 1, 2, Eul evidence 3 (including branch numbers; hereinafter the same shall apply), the facts clearly recorded, and the purport of the whole pleadings.

2. The gist of the Plaintiff’s assertion was that the instant lease agreement was terminated on November 2, 2015, upon the Plaintiff’s declaration of intent to terminate the contract due to the Defendants’ breach of repair obligation, or was concluded on the same day.

Therefore, the Defendants jointly and severally return to the Plaintiff KRW 10,00,000, and KRW 219,000,000 equivalent to KRW 9,00 from the date of directors, among the monthly rent and management expenses that the Plaintiff paid in advance, to November 9, 2015.

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