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(영문) 인천지방법원 2019.08.20 2018가단37009
임대차보증금반환
Text

1. The defendant shall pay 165,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Basic facts

A. On July 19, 2016, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the lessee, the Defendant, the lessor, and the object of the lease in Bupyeong-gu Incheon (hereinafter “instant apartment”), the lease deposit in KRW 165 million, and the lease deposit from August 30, 2016 to August 29, 2018 (hereinafter “instant lease agreement”).

B. The Plaintiff paid KRW 165 million to the Defendant, until the period of the instant lease agreement begins.

C. On October 22, 2018, the Plaintiff filed an application for the registration of the housing lease for the instant apartment with the Incheon District Court. On October 24, 2018, the Incheon District Court decided to order the registration of the housing lease for the instant apartment on the following matters. According to the said decision, the registration of the housing lease for the instant apartment was completed as of November 22, 2018 by the Incheon District Court’s registry No. 421585, Nov. 22, 2018.

A. The lease agreement date: The lease amount of KRW 165,00,000 on July 19, 2016: The date on which the resident registration was made on August 30, 2016: The date on which possession of the whole area of KRW 61.38 square meters is commenced on August 30, 2016: 15 stories D: The date on August 30, 2016:

The Plaintiff filed the instant lawsuit seeking the return of the lease deposit on the ground that the term of the instant lease agreement expires, on December 26, 2018, and the duplicate of the complaint was served on the Defendant on January 27, 2019.

[Reasons for Recognition: Each entry in Evidence A Nos. 1 and 2, a significant fact in this Court, and the purport of the whole pleadings]

2. Determination

A. According to the above facts of the judgment on the grounds of the claim, the lease contract of this case is terminated upon the expiration of the term.

In addition, on May 30, 2019, the Defendant submitted a preparatory document (title: reply) stating that “the Defendant is not capable of paying KRW 165 million deposit of the instant lease agreement,” to this court. Since the said preparatory document was deemed to be a statement on the date of pleading, the Defendant was given a statement on the date of pleading.

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