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(영문) 서울남부지방법원 2020.02.27 2019가단259160
전세보증금 반환 등
Text

1. The defendant shall deliver the building stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 157,00,000 to the plaintiff.

Reasons

Comprehensively taking account of the overall purport of the pleadings as indicated in the evidence Nos. 1 and 2, the Plaintiff leased the building indicated in the separate sheet from the Defendant as of February 4, 2017 by setting the deposit amount of KRW 105,00,000, and by February 24, 2019. On February 16, 2019, when the said lease expires, the Plaintiff and the Defendant set the deposit amount of KRW 157,00,000, and the period of KRW 157,000,000 until October 15, 2019.

As to the Plaintiff’s claim for the return of the foregoing deposit, the Defendant asserted that the Plaintiff could not respond to the Plaintiff’s claim until the said building is delivered from the Plaintiff.

Since the lease is terminated upon the expiration of the term of validity, the defendant is obliged to return the deposit amount of KRW 157,00,000 to the plaintiff at the same time as the delivery of the building from the plaintiff.

Ultimately, the plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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