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(영문) 의정부지방법원고양지원 2019.01.11 2018가단6047
임차보증금 반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion as to the cause of the claim of this case

A. On February 4, 2016, the Plaintiff leased the Yongsan-gu Seoul Metropolitan Government C Apartment D (hereinafter “instant apartment”) from the Defendant as the lease deposit amount of KRW 50 million, monthly rent of KRW 1.3 million, and the lease term of KRW 24 months until March 10, 2018.

B. The lessee of the instant apartment is the Plaintiff, and the Plaintiff paid KRW 50 million to the Defendant (in particular, the Plaintiff was also aware of the fact that KRW 30 million was the money created by the loan of the deposit of the deposit of the deposit of the deposit of the lease of the Plaintiff). The Plaintiff had leased and resided separately after September 2016 so that he/she can reside in the instant apartment.

C. However, on July 2017, the Defendant terminated the lease contract of the instant apartment between F, etc. without notifying the Plaintiff, who is a lessee, and thereafter returned to F the lease deposit amount of KRW 50 million.

Since the lease contract of the apartment of this case was terminated, the defendant is obligated to pay the lessee the lease deposit amount of KRW 50 million and the damages for delay.

2. Determination

A. Fact-finding: (a) With respect to the instant apartment, the lease agreement was prepared on February 4, 2016 stating the following: (i) the lessee, the lessor, the defendant, the broker G (the representative of the H Licensed Real Estate Agent Office, the representative of the J Licensed Real Estate Agent Office), and I (the representative of the J Licensed Real Estate Agent Office), the lease deposit amount of KRW 50 million (the intermediate deposit shall be KRW 5 million), the monthly rent of KRW 130,000,000, and the special agreement with the lessee, stating that “the lessee shall cooperate with the lessee’s loan of the deposit of the deposit of the deposit of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lessee; (ii) the fixed date date for the storage of the Plaintiff was affixed on March 8, 2016 by the K Community Center; and (iii) on the back of the contract for the storage of the Defendant, I’s seal is affixed to the back of the

② Also, regarding the apartment of this case, the above-mentioned lease contract is stipulated.

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