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(영문) 창원지방법원마산지원 2020.06.23 2020가단100300
임대차보증금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 22, 2017, the Plaintiff leased Changwon-si, Changwon-si, Msan-si C and D (hereinafter “instant real estate”) from the Defendant, and the lease deposit was set from July 31, 2017 to July 30, 2019, with the lease deposit amount of KRW 70 million and the lease term of KRW 70 million.

On July 24, 2017, the Plaintiff received a fixed date in the lease contract and completed the move-in report of the instant real estate, and around July 31, 2017, the Plaintiff paid the Defendant the lease deposit amount of KRW 70 million, and began to reside after receiving the instant real estate from the Defendant.

On April 2019, the Plaintiff notified the Defendant of the refusal to renew the lease contract by telephone, and requested the Defendant to return the lease deposit to the Defendant on July 30, 2019, but the Defendant refused to accept the lease deposit from the new lessee and return it to the Plaintiff.

After the expiration of the lease term on July 30, 2019, the Plaintiff was newly appointed as a director at a new house. The Plaintiff sought explanation from the Defendant that the key needs to be used to sell or lease the instant real estate, and opened the key of the gate and heading room of the instant real estate to the Defendant.

However, the Plaintiff left part of the real estate in this case due to uneasiness to receive the lease deposit, and the moving-in report still maintained as the real estate in this case and moved the remainder to a new house.

On January 14, 2020, the Plaintiff applied for the order of lease registration of a house and received the order on January 16, 2020. On February 6, 2020, the Plaintiff completed the registration pursuant to the above order on the instant real estate.

(Y) On March 30, 2020, the Defendant deposited the lease deposit amount of KRW 70 million in the future of the Plaintiff on March 30, 2020.

(Seoul District Court Msan Branch Decision 2020 No. 334, 2020). The plaintiff asserts that "the defendant, April 5, 2020," and the plaintiff asserts that "after deposit for repayment," and all the things that the plaintiff left the real estate of this case."

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