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(영문) 인천지방법원 2015.07.24 2014가단69862
임차보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 25,00,000 as well as 20% per annum from January 19, 2015 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. On April 24, 2009, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) from C with a lease deposit of KRW 25 million (hereinafter “instant lease”). Around that time, the Plaintiff paid the lease deposit to C with a lease deposit of KRW 25 million, and received a fixed date after completing a move-in report. The Defendant purchased the instant real estate from C on January 5, 201, and the Plaintiff did not notify the Plaintiff of the rejection of renewal after completing the registration of ownership transfer on the 27th of the same month. The Plaintiff notified the Defendant of the termination of the instant lease on April 14, 201, or the Plaintiff can be recognized by taking into account all the arguments as a whole, and the purport of the entire pleadings.

B. According to the above facts, the Defendant, who succeeded to the lessor status under the Housing Lease Protection Act pursuant to Article 3(4) of the Housing Lease Protection Act, is obligated to refund to the Plaintiff, a lessee, the lease deposit amount of KRW 25 million following the termination of the instant lease agreement, and damages for delay calculated at the rate of 20% per annum from January 19, 2015 to the day of full payment, which is the day following the delivery of the copy of the complaint of this case.

2. The defendant's assertion regarding the defendant's assertion is merely a person who registered the real estate in this case, and it is not sufficient to recognize the defendant's above assertion merely with the statement of Eul evidence No. 1, and since there is no other evidence to acknowledge it, the defendant's above assertion shall not be accepted.

3. In conclusion, the plaintiff's claim of this case is accepted as reasonable.

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