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(영문) 창원지방법원 2020.12.16 2020가단113177
임대차보증금반환
Text

The defendant shall set forth 43,00,000 won to the plaintiff and 12% per annum from April 28, 2020 to the date of full payment.

Reasons

1. On February 6, 2017, the Plaintiff and the Plaintiff’s mother entered into a lease agreement with the Defendant on a two-year lease term from February 28, 2017 to February 27, 2019 and entered into a lease agreement between February 28, 2017 and February 27, 2019 to move and reside after full payment of the deposit. Upon the expiration of the period from February 27, 2019, the Plaintiff and the Plaintiff sought the return of the deposit by restitution for the reasons for refusal of renewal and termination of the lease.

The Defendant paid 127,00,000 won out of the above deposit to the Plaintiff and B, and unpaid 43,000,000 won, and the Plaintiff removed from B, and entered into a lease agreement with the Defendant with the said deposit amount of KRW 43,00,000.

However, the above apartment was in progress, and the highest price was awarded to the buyer on February 21, 2019, and the plaintiff delivered the above apartment to the successful bidder.

The plaintiff expressed his intent to terminate the lease agreement to the defendant, and a duplicate of the complaint in this case was served on the defendant.

(A) According to the above facts, since the lease contract between the plaintiff and the defendant for the above apartment building has been lawfully terminated on the grounds of the expiration of the period of validity or impossibility of lease, the defendant is obligated to pay to the plaintiff 43,000,000 won with 12% interest per annum from April 28, 2020 to the date following the completion of the delivery of the copy of the complaint sought by the plaintiff, as the obligation to restore the original contract for the above apartment building due to the cause of the termination of the period of validity or the impossibility of lease.

2. If so, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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