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(영문) 서울남부지방법원 2019.04.25 2018가단19648
임대보증금반환
Text

1. The defendant shall pay to the plaintiff KRW 100,355,000 and KRW 100,000 among them, from November 15, 2018 to the date of full payment.

Reasons

1. In light of the overall purport of the pleadings as to the evidence Nos. 1 and 5 of the claim for the return of lease deposit, the Plaintiff leased the Gangseo-gu Seoul Metropolitan Government Housing D (hereinafter “instant house”) from the Defendant on July 16, 2017 under the condition that the Defendant cancel the registration of the establishment of a mortgage over KRW 100,000,000,000,000, which was established on the instant house due to the special terms and conditions that the Defendant cancel the registration of the establishment of a mortgage, E, the mortgagee E, the maximum debt amount,82,80,000,000,000,000 won, and thereafter, moved into the instant house. However, the Plaintiff did not cancel the registration of the establishment of a mortgage over KRW 2,280,000,000,000,000,0000,000,0000 won, and the Plaintiff delivered the instant house to the Defendant on July 13, 2018.

According to the above facts, the lease contract of this case was lawfully terminated by the plaintiff's exercise of the right to terminate the contract on the grounds of non-performance of the above special agreement by

Therefore, the defendant is obligated to return the above lease deposit to the plaintiff.

In regard to this, the defendant asserts that the above collateral security is sufficient to cancel even after the expiration of the lease term of this case. However, there is no ground for interpreting the above special agreement as alleged by the defendant (it is interpreted that the above special agreement should be cancelled simultaneously with the receipt of the lease deposit).

Therefore, the defendant is the day following the delivery of the above KRW 100 million to the plaintiff and the plaintiff's house of this case after the delivery to the defendant.

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