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(영문) 서울남부지방법원 2017.05.23 2016가단38669
임대보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 77,00,000 and the interest rate of KRW 15% per annum from October 26, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 23, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C with respect to the real estate listed in the attached list (hereinafter “instant apartment”) owned by C, with the lease deposit of KRW 77,00,000 and the lease term of KRW 24 months from August 29, 2014.

B. On August 11, 2014, the Plaintiff obtained a fixed date from the instant lease agreement, and paid the said lease deposit to C, from August 29, 2014, the Plaintiff occupied and resided in the instant apartment from August 29, 2014, and completed the move-in report on October 29, 2015.

C. On June 21, 2016, the Defendant purchased the instant apartment from C, and on July 13, 2016, succeeded to the lessor’s status of the instant lease agreement by completing the registration of ownership transfer with respect to the instant apartment.

On June 27, 2016, around the expiration of the term of the instant lease agreement, the Plaintiff notified the Defendant of his/her no intention to renew the instant lease agreement and requested the return of the lease deposit. However, the Defendant did not refund the lease deposit to the Plaintiff even after the expiration of the term of the instant lease agreement.

E. Accordingly, on October 25, 2016, the Plaintiff completed the order of lease registration as Seoul Southern District Court 2016Kao179 and delivered the instant apartment to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, significant facts in this court, purport of the whole pleadings

2. Determination

A. According to the above facts, the lease contract of this case was terminated at the expiration of the term, and since the plaintiff delivered the apartment of this case to the defendant, the defendant is obligated to pay to the plaintiff the lease deposit of KRW 77,000,000 and damages for delay calculated at the rate of 15% per annum from October 26, 2016 to the day of complete payment, which is the day following the day when the plaintiff delivered the apartment of this case to the defendant.

B. The defendant against this.

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