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(영문) 서울북부지방법원 2019.10.24 2018나2774
임차보증금반환
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On March 14, 2015, the Plaintiff entered into a lease agreement with the Plaintiff, lessee, lessor, lease deposit amounting to KRW 100 million, and from April 30, 2015 to April 30, 2017 with regard to D (hereinafter “instant real estate”), among the fourth-story neighborhood living facilities and housing located in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant building”), and occupied and used the instant real estate upon paying the deposit for the lease to E.

B. The Defendant purchased the instant real estate from E on December 16, 2015 and completed the registration of ownership transfer on March 31, 2016.

C. The Plaintiff and the Defendant, under the Housing Lease Protection Act, implicitly agreed that the Defendant succeeded to the status of the lessor in accordance with the Housing Lease Protection Act, requested the Plaintiff to increase the lease deposit amount of KRW 110 million and the Defendant received KRW 10 million on April 3, 2017 from the Plaintiff, and the Plaintiff and the Defendant renewed the instant lease contract by extending the lease deposit of KRW 110 million and the maturity of the lease term until April 30, 2019.

On December 2017, the Plaintiff expressed to the Defendant that “a director must return the lease deposit,” and the Defendant responded to the purport that “a lessee of the instant real estate shall be newly sought through the real estate brokerage office, and a lessee shall return the lease deposit in receipt of the payment of the lease deposit from the new lessee.”

On December 25, 2017, the Plaintiff returned the key to the instant real estate to the Defendant, and moved in the instant real estate. At the time, the Plaintiff rescinded the urban gas connection of the instant real estate, and subsequently connects it to the Defendant’s demand that might cause damage to the water pipe wave.

E. Meanwhile, the instant building was approved for use on October 23, 1991.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, and arguments.

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