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(영문) 대구지방법원포항지원 2020.06.25 2020가합10003
보증금반환
Text

1. The defendant shall deliver real estate stated in the separate sheet from the plaintiff to the plaintiff at the same time. 210,000,000 won shall be applied to the plaintiff.

Reasons

Basic Facts

On January 14, 2015, the Plaintiff and the Defendant concluded a lease agreement with the Defendant on the lease deposit of KRW 230 million with the real estate attached thereto (hereinafter “instant apartment”) as indicated in the attached Form (hereinafter “instant apartment”) from February 24, 2015 to February 24, 2017. The Plaintiff paid the deposit money to the Defendant at that time and received the delivery of the instant apartment from the Defendant.

On February 25, 2017, which was around the expiration date of the above lease agreement, the Plaintiff and the Defendant concluded a lease agreement to lease the instant apartment to the Plaintiff with the lease deposit amount of KRW 250 million and the lease term from February 25, 2017 to February 25, 2019. The Plaintiff paid KRW 20 million to the Defendant at that time.

As of the date of closing argument of this case, the plaintiff is occupying and using the apartment of this case.

[Grounds for recognition] A, Gap evidence Nos. 1 through 4, Eul evidence Nos. 6, Eul evidence Nos. 5, and the plaintiff's judgment as to the ground for a claim as to the whole purport of the pleadings has expired on February 25, 2019, which is the expiration date of the lease contract as of February 25, 2017, and thus, the defendant is obligated to return the lease deposit to the plaintiff. On the other hand, the defendant has agreed to extend the lease term of the apartment of this case to the plaintiff and the defendant until March 2020, because it has been against the agreement between the plaintiff and the defendant to extend the lease term of the apartment of this case by March 20, it has been concluded. Accordingly, according to the following facts and the purport of the whole arguments and arguments, according to the following facts, it is acknowledged that the lease term of the apartment of this case has been extended between the plaintiff and the defendant by March 6, 2020.

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