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1. The Defendant’s KRW 530,000,000 as well as 5% per annum from November 11, 2018 to December 29, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. On July 20, 2015, the Plaintiff entered into a contract with C to lease an apartment as indicated in the attached list (hereinafter “instant apartment”) by setting the lease deposit as KRW 530 million and the lease term as of September 29, 2017, and paid the lease deposit to C.
B. On June 7, 2017, the Defendant completed the registration of ownership transfer for the instant apartment on the grounds of sale.
C. On March 20, 2018, the Plaintiff entered into a contract with the Defendant for the lease of the instant apartment (hereinafter “instant lease contract”) with the same deposit (530 million won) and for the lease period from September 30, 2017 to September 29, 2018 (hereinafter “instant lease contract”).
On July 12, 2018, the Plaintiff notified the Defendant that the instant lease contract will not be renewed, and on November 9, 2018, the registration of the housing lease (Seoul Eastern District Court 2018Kau161) was completed, and on November 10, 2018, the Plaintiff removed the instant apartment from the apartment, and notified the Defendant of the joint signature and the exclusive signature number of the instant apartment.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 4 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. According to the above facts, the instant lease agreement was terminated on September 29, 2018, and the Plaintiff delivered the instant apartment to the Defendant on November 10, 2018. As such, the Defendant paid to the Plaintiff the deposit amounting to KRW 530 million and the amount equivalent to five percent per annum as prescribed in the Civil Act from November 11, 2018 to December 29, 2018, on which the instant complaint was served on the Defendant, from the date following the delivery date, until December 29, 2018, and from May 31, 2019, Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, and Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019).