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1. The Defendant’s KRW 95,00,000 and the Plaintiff’s annual rate of KRW 5% from April 9, 2013 to August 5, 2019.
Reasons
1. Basic facts
A. On December 9, 2010, the Plaintiff leased the lease deposit amounting to KRW 95 million, and the term of lease from January 8, 2011 to January 8, 2013, the lease deposit amounting to KRW 95 million was paid to the Defendant and resided in the instant apartment.
B. However, upon the application of E Co., Ltd., a collateral security right holder, the auction procedure was initiated on August 20, 2012 regarding the instant apartment, and F acquired ownership by fully paying the sale price on April 8, 2013, as a purchaser.
The plaintiff delivered the apartment of this case to F around that time.
C. The plaintiff did not receive any distribution at all in the above auction procedure.
[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. The assertion and judgment
A. According to the above recognition, the above lease was terminated upon the expiration of the period.
As such, the defendant is obligated to return the lease deposit amount of KRW 95 million and damages for delay to the plaintiff as a result of restitution to its original state.
B. On the other hand, the Defendant asserts that the total amount of 1.8 million won (6 million won x 3 months) should be deducted from the deposit for lease on the ground that the Defendant obtained unjust enrichment equivalent to the monthly rent of 600,000 won as it used the apartment of this case to F by April 8, 2013 after the expiration of the above lease contract.
On the other hand, as seen earlier, the Plaintiff continued to reside in the apartment of this case from April 8, 2013 after the expiration of the above lease agreement. However, as long as the Defendant did not refund the above lease deposit, the benefits from the Plaintiff’s use and profit from the use of and profit from the apartment of this case shall be deemed to be the monthly rent for the apartment of this case in the situation where the lease deposit amount was 95 million won.