(영문) 부산지방법원 2015.04.28 2014가단244431

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(영문) 부산지방법원 2015.04.28 2014가단244431

보증금반환

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1. The defendant shall pay 5,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Facts of recognition;

A. On June 11, 2012, upon C’s request, the Defendant purchased Suwon-gu D and 417 (hereinafter “instant apartment”) in the name of the Defendant.

B. On June 21, 2012, C representing the Defendant entered into a lease agreement between the Plaintiff and the Plaintiff, setting the lease deposit of KRW 55 million, and the lease term by June 23, 2013 (hereinafter “instant lease agreement”).

C. On June 22, 2012, the Plaintiff filed a move-in report with the instant apartment, and filed a move-in report with the Busan Suwon-gu D, 509 on October 10, 2012.

On October 10, 2012, the defendant completed the registration of ownership transfer for the apartment of this case to E on September 25, 2012.

E. On January 25, 2013, the Plaintiff filed a move-in report with the instant apartment.

F. On February 3, 2013, the Plaintiff would pay the deposit amount of KRW 55 million from C to April 15, 2013.

“A letter has been issued.”

[Ground for recognition] The fact that there is no dispute (the defendant is not effective to revoke the confession, since he/she led to a confession that the defendant's agent entered into the lease contract of this case with the plaintiff, but revoked it on the third date for pleading, there is no evidence to prove that the confession was contrary to the truth and due to mistake, and therefore, the above confession is not valid), Gap's entries in evidence Nos. 3, 5, 6, and 8, evidence Nos. 7-1, and the purport of the whole

2. Determination

A. According to the above facts, it is reasonable to view that the instant lease agreement was terminated on or around February 3, 2013 (if not, at the latest, until June 23, 2013). As such, the instant lease agreement was terminated upon expiration of the period, even if not, at the latest.

(2) In addition to the repayment of the above lease deposit, the lessor, the Defendant, the lessee, is obligated to return the lease deposit to the Plaintiff, the lessee. (2) The Plaintiff also claimed payment of damages for delay to the Defendant, but the lessor’s duty to return the lease deposit and the lessee’s duty to return the leased object.

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