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(영문) 서울동부지방법원 2015.07.27 2015가단4697
임대차보증금 반환
Text

1. The defendant shall receive real estate stated in the attached list from the plaintiff at the same time, and at KRW 70,000,000 from the plaintiff.

Reasons

Comprehensively taking account of the overall purport of the pleadings as indicated in the evidence Nos. 1, 2, and 3, the Plaintiff paid KRW 90,000,000, monthly rent of KRW 300,000 (the later payment on September 24, 201), and KRW 2 years from September 24, 2011; the Plaintiff paid KRW 10,000,000 out of the lease deposit; and the remaining lease deposit amount of KRW 90,00,00,00 on September 24, 201; the Plaintiff’s right to commence the auction of this case’s apartment as the court lease agreement on September 26, 201; and the Plaintiff’s right to commence the auction of this case’s apartment was lawfully issued by the Plaintiff on August 26, 2014, and the Plaintiff’s declaration of intention to occupy and terminate the lease contract of this case to the Plaintiff on the ground that the lease contract of this case had no effect on the termination of the lease contract of this case’s.

In regard to this, the defendant asserts that since the plaintiff paid the last rent in August 2014 and later did not pay it thereafter, it should be deducted from the lease deposit to be returned by the defendant. Thus, the plaintiff paid only the rent to be paid on August 24, 2014 and did not pay it as a rent for the period after September 24, 2014. Thus, since there is no dispute between the parties, it is equivalent to the rent or rent in accordance with the ratio of KRW 3,00,000 per month for the same period.

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