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Reasons
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(영문) 대전지방법원천안지원 2019.06.13 2019가단100949
전세보증금반환 청구의 소
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1. The defendant's delivery of Asan-si C Apartment D from the plaintiff at the same time, 75,000,000 won to the plaintiff.

Reasons

1. Basic facts

A. On December 12, 2013, the Plaintiff leased from the Defendant Asan City C Apartment D (hereinafter “instant apartment”) a deposit of KRW 75,000,000, and from December 30, 2013 to December 29, 2015, the term of lease was fixed and leased from the Defendant.

(hereinafter “instant lease agreement”). B.

On December 30, 2013, the Plaintiff paid the entire deposit to the Defendant and received the delivery of the instant apartment from the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The parties' assertion

A. On November 14, 2018, the Plaintiff claimed the return of deposit to the Defendant and returned the key thereof to the Defendant on January 19, 2019. As such, the Defendant is obligated to pay to the Plaintiff the deposit amount of KRW 75,000,000 of the instant lease agreement, the long-term repair appropriations for the long-term repair of KRW 759,510 borne by the Plaintiff with respect to the instant apartment, and the delay damages from January 20, 2019 to the date of full payment.

B. The Defendant’s assertion period of the instant lease agreement extended until December 29, 2019, and the Defendant’s obligation to return the deposit was concurrently performed with the Plaintiff’s obligation to deliver the instant apartment.

3. Determination

A. In addition to the written evidence Nos. 3 and 4’s overall purport of the pleadings, the Plaintiff is expected to make a director of the instant apartment around October 2018, and the Plaintiff requested the Defendant to refund part of the lease deposit for one month prior to the end of January, 2019. The Defendant notified the Plaintiff on November 14, 2018 that the partial return of the lease deposit would be difficult. The Plaintiff completed the registration of the housing lease on January 17, 2019. According to the above facts, the instant lease agreement was explicitly renewed on or around December 29 and December 29, 2017.

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