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(영문) 부산지방법원 2017.06.08 2016나9305
임차보증금반환
Text

1. Of the judgment of the court of first instance, KRW 2,210,000 against the Plaintiff and its related thereto from November 13, 2015 to June 8, 2017.

Reasons

1. Basic facts

A. On June 7, 2013, the Plaintiff entered into a contract with C to lease (hereinafter “instant lease contract”) a deposit of KRW 350,000,000, and the lease period from June 27, 2013 to June 26, 2015, the Plaintiff received the delivery of the instant apartment after paying the full deposit amount to C on June 27, 2013.

B. Upon purchasing the instant apartment from C on October 9, 2014, the Defendant agreed to succeed to the obligation to refund deposit to the Plaintiff and the Plaintiff’s lease term. On October 15, 2014, the Defendant completed the registration of ownership transfer regarding the instant apartment in the name of the Defendant.

C. On April 16, 2015, the Defendant notified the Plaintiff that he/she did not wish to renew the instant lease agreement.

On October 18, 2015, the Plaintiff delivered the instant apartment to the Defendant, and the Defendant paid KRW 338,955,000 out of the deposit to the Plaintiff on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 2 and 3 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above recognition of the cause of the claim, the lease of this case is deemed to have expired with the expiration of the period. Thus, the defendant who succeeded to the status of the lessor from C is obligated to pay the remaining deposit 11,045,000 won and damages for delay to the Plaintiff, who is the lessee, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. 1) The Defendant’s summary of the Defendant’s assertion that the instant lease agreement should be deducted from the security deposit for damages arising therefrom, following the fact that the Plaintiff sought another temporary residence by delaying the transfer of the instant apartment even after the termination of the lease agreement on June 26, 2015. 2) According to the fact that the liability for damages was established, the instant lease agreement will expire on June 26, 2015.

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