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(영문) 수원지방법원 2016.11.03 2016가단15804
임대차보증금
Text

1. The defendant shall pay 30 million won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3. Paragraph 1 shall be provisionally executed.

Reasons

On June 26, 2012, the Plaintiff leased KRW 204 (hereinafter “instant building”) out of Suwon-si D’s land (hereinafter “instant building”) from July 20, 2012 to July 19, 2014 (hereinafter “instant lease”) and around that time the lease deposit was paid to the previous lessee of the instant building upon the Defendant’s delegation. The Defendant, the owner of the instant building, delegated the matters concerning the lease of the instant building to E, who is its mother, and the Defendant, who is the owner of the instant building, was delegated the ownership of the instant building to G and C, who operated real estate brokerage business in the building located in Gangnam-gu Seoul Metropolitan Government, where the ownership of the instant building was located, to whom the ownership of the instant building was his/her residence, based on the delegation of the ownership of the instant building to G and C, the lease contract of this case was concluded, and the Plaintiff’s return of the instant building under the premise that the lease contract had been implicitly renewed on the expiration of the lease period, and the purport of subparagraphs 1 through 26 through 15 and 6.

According to the above facts, the lease contract of this case was lawfully terminated by the Plaintiff’s declaration of termination on May 29, 2016, including the Plaintiff’s declaration of intent to terminate the lease contract of this case on the ground of the expiration of the term.

Therefore, barring special circumstances, the Defendant is obligated to refund KRW 30 million to the Plaintiff.

As to this, the defendant cannot respond to the plaintiff's claim since he did not conclude the lease contract of this case between the plaintiff.

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