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(영문) 대구지방법원포항지원 2015.03.17 2015가단746
임대차보증금반환
Text

1. The defendant shall pay to the plaintiff KRW 23,415,354.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. On November 20, 2013, the Plaintiff entered into a lease agreement with C on November 20, 2013 (hereinafter “instant lease agreement”) with respect to the building Nos. 301 (hereinafter “instant building”). At the time, the Plaintiff agreed to pay the deposit amount of KRW 25,00,000 per month, KRW 30,00 per month, and the lease period of KRW 15,00 per month from November 15, 2013 to November 14, 2014, with KRW 30,000 per month, and the Plaintiff paid the deposit and management fee of KRW 1 year to the said C.

B. The Defendant purchased the instant building from C on March 3, 2014 and executed the same year.

4. 30. The registration of the transfer of ownership in the Defendant’s name was completed on the instant building.

C. On November 12, 2014, the Plaintiff notified the Defendant that the term of the instant lease agreement expires, and thus, the Plaintiff returned the lease deposit to the Defendant. The notification reached the Defendant around that time.

On March 11, 2015, the Plaintiff completed the relocation of the instant building.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. According to the facts found in the judgment on the ground of the Plaintiff’s claim, the instant lease agreement expired on November 14, 2014, and thus, barring any special circumstance, the Defendant, who succeeded to the lessor’s status pursuant to the Housing Lease Protection Act, is obligated to return deposit KRW 25,00,000 to the Plaintiff, barring any special circumstance.

3. Judgment on the defendant's assertion

A. The Defendant asserts that, as the Plaintiff did not pay the rent from October 15, 2014, the Plaintiff should deduct it from the deposit.

As seen earlier, the instant lease agreement terminated on November 14, 2014, and the Plaintiff completed relocation from the instant building on March 11, 2015. As such, the Plaintiff made a rent or unjust enrichment equivalent to the rent by no later than March 11, 2015.

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