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(영문) 창원지방법원 2019.10.16 2019가단117678
임대차보증금
Text

1. The defendant's delivery of the D Apartment E from the plaintiff Kimhae-si at the same time 85,202,00 won to the plaintiff.

Reasons

1. Facts of recognition;

A. On February 11, 2017, the Plaintiff leased the D Apartment E (hereinafter “instant apartment”) from the Defendant Kimhae-si (hereinafter “instant apartment”) with a deposit of KRW 85,00,000, and the period from February 24, 2017 to February 24, 2019, and thereafter, paid a deposit to the Defendant and is residing in the instant apartment.

B. On November 18, 2018, the Plaintiff purchased one fire extinguisher at KRW 202,00 on behalf of the Defendant and constructed the instant apartment on behalf of the Defendant.

C. On January 7, 2019, the Plaintiff notified the Defendant that he/she had no intent to renew the lease agreement.

【Reasons for Recognition】 Each entry of evidence Nos. 1 through 5, and the purport of the whole pleadings

2. According to the above facts of recognition, the lease contract between the Plaintiff and the Defendant with respect to the instant apartment is terminated on February 24, 2019, and thus, the Defendant is obliged to return the Plaintiff the deposit amount of KRW 85,000,000 and the fire extinguishing amount of KRW 202,000,000, together with the delivery of the instant apartment from the Plaintiff.

3. The plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.

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