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(영문) 수원지방법원 2020.10.29 2020가단536926
임대차보증금
Text

The defendant shall pay 185,796,890 won to the plaintiff and 12% per annum from September 28, 2020 to the day of complete payment.

Reasons

1. The fact that there is no dispute over the cause of the claim, the entries in Gap evidence Nos. 1 through 7, and the purport of the whole pleadings, the plaintiff entered into a lease agreement with the defendant on December 17, 2014 with the plaintiff for the lease from the defendant, the plaintiff and the defendant have renewed the above lease agreement on December 17, 2016 and have increased the lease deposit to KRW 185,00,000, and the contract period is determined as of December 17, 2018. The plaintiff sent proof that the plaintiff would not renew the instant lease agreement on October 16, 2019, and around that time deliver the above content certification to the defendant, the plaintiff delivered the real estate in this case to the defendant on September 27, 202, and the plaintiff paid the long-term repair appropriations amount to KRW 796,890,00 during the residence period.

According to the above facts, since the lease contract of this case was terminated at the expiration of the term and the plaintiff delivered the real estate of this case to the defendant, the defendant has to deposit KRW 185,00,000 for lease deposit and the long-term repair appropriations paid by the plaintiff on behalf of the defendant who is the owner, the management entity shall collect and accumulate the long-term repair appropriations necessary for the replacement and repair of major facilities of multi-family housing in accordance with the long-term repair plan, and Article 30 (1) of the Multi-Family Housing Management Act provides that the management entity shall return the amount of long-term repair appropriations

796,890 won and damages for delay shall be liable to pay them.

2. Accordingly, the Defendant calculated the annual rate of 12% as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 28, 2020 to the day of full payment, which is the following day after the Plaintiff delivered the instant real estate to the Defendant.

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