logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.09.17 2019나63772
임대차보증금반환
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Facts of recognition;

A. On November 14, 2017, the lease agreement was made on November 14, 2017, with the Plaintiff as the lessor and the lessee of Gangseo-gu Busan Party’s ground-based housing (hereinafter “instant housing”).

(hereinafter referred to as "the instant lease agreement". Deposit 20 million won, and rent 100,000 won per month (14 November 14, 2017) from November 13, 2018

B. Meanwhile, on November 13, 2017, the Plaintiff cancelled the term deposit of KRW 30 million on the same day, and then withdrawn KRW 20 million on a check in cash.

C. On November 24, 2017, the Plaintiff filed a move-in report on the instant housing on November 24, 2017, and 2) obtained the fixed date from the instant lease agreement on January 5, 2018, and 3) on May 30, 2018, the Plaintiff transferred the instant housing from May 30, 2018, and made a move-in report on D buildings and E (E). On March 15, 2018, before the Plaintiff moved from the instant housing, the I Association received a decision to voluntarily commence the auction on the said housing from the Busan District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch office to third parties. However, on July 30, 2019, the instant lease agreement was transferred to the Defendant’s account (F, hereinafter “Defendant Account”).

) Although payment is indicated, there is no monthly rent from the Defendant account, and the telephone number in the lessor column of the said lease contract was G (former name: H)’s phone number. The Plaintiff asserts that the monthly rent was not deposited into the Defendant account by concluding an agreement with G with G by not paying KRW 100,000 of monthly rent due to the breakdown of the air conditioners and laundry in the instant house. [In the absence of any dispute over recognition, the entries in Gap’s 1, 2, and Eul’s 1, 2, and 1, and 2, and the purport of the entire pleadings.

2. The parties' assertion

A. The Plaintiff asserts to the following purport.

1. On November 14, 2017, the Plaintiff entered into a lease agreement on the instant housing owned by the Defendant, and paid a deposit of KRW 20 million.

arrow