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(영문) 서울중앙지방법원 2020.06.16 2019가단54710
임대차보증금반환 청구의 소
Text

1. The Defendants’ respective Plaintiff KRW 6,330,678 as well as 5% per annum from December 13, 2019 to June 16, 2020.

Reasons

1. Facts of recognition;

A. The Defendants, as co-owners of the Gangnam-gu Seoul Metropolitan Building, leased the lease term from August 1, 201 to July 31, 201 with respect to the entire five floors among G buildings (hereinafter “instant real estate”).

B. “H” occupied the instant real estate after performing interior works, and the lease contract was renewed, but removed on November 15, 201.

C. On October 31, 201, the Defendants concluded a lease agreement with the Plaintiff and the instant real estate by setting the lease deposit of KRW 50 million, monthly rent of KRW 3.5 million (excluding value-added tax), management expenses of KRW 1080,000 (excluding value-added tax), and the lease period from November 21, 201 to November 20, 201.

The plaintiff and the defendants have renewed the above lease contract several times, and have lowered the monthly rent from December 1, 2016 to KRW 3.4 million.

(hereinafter “instant contract”). At the time of the conclusion of the instant contract, the Plaintiff occupied the interior facility installed by the former lessee as it is. D.

On August 15, 2019, the Plaintiff notified the Defendants that they did not intend to renew the contract. On November 2, 2019, the Plaintiff delivered the instant real estate to the Defendants.

Accordingly, the Defendants are the amount used by the Plaintiff until October 18, 2019 for the electricity fee of KRW 3,374,671, which is included in the rent, management fee, etc. for November 2019, and the water fee for the waterworks until November 6, 2019.

notice that such payment should be made.

E. On December 19, 2019, the Defendants returned KRW 30 million out of the lease deposit to the Plaintiff.

[Reasons for Recognition] Gap's evidence Nos. 1 through 5, 7, Eul's evidence Nos. 1, 5, 11, 12, 14 through 16, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the instant contract has expired on November 20, 2019, and the Defendant is obligated to pay KRW 16,625,329, which was deducted from the remaining lease deposit by November 2019.

As to this, the Defendants shall restore the real estate of this case to its original state.

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