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(영문) 수원지방법원 2019.07.25 2018가합25925
임대차보증금
Text

1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 30 million to the plaintiff.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by comprehensively considering the overall purport of the pleadings in the entries in Gap evidence Nos. 1 to 4, and Eul evidence Nos. 2 and 3.

On May 10, 2016, the Plaintiff entered into a contract with C to lease real estate listed in the separate sheet (hereinafter “instant housing”) with the term “30 million won” and “the lease term from July 29, 2016 to July 28, 2018” (hereinafter “instant lease contract”).

B. On January 12, 2017, the Defendant completed the registration of ownership transfer for the instant housing due to sale on November 14, 2016, and succeeded to the lessor’s status under the instant lease agreement.

C. From April 2018, the Defendant and the Plaintiff negotiated on the terms and conditions of the instant lease agreement renewal and renewal of the said agreement, but did not reach an agreement on the principal terms and conditions of the contract, such as whether to increase security deposit.

On August 10, 2018, the Plaintiff sent to the Defendant, “Around June 30, 2018, the Plaintiff notified the termination of the instant lease by wire and sent it to the Defendant by content-certified mail that the said lease will be terminated on October 31, 2018.” The above purport was reached to the Defendant around that time.

E. On October 31, 2018, the Defendant prepared for the delivery and acceptance of the instant house and the return of the deposit amount of KRW 330 million under the said lease agreement, but failed to return the said acceptance and deposit money because it was impossible to contact with the Plaintiff on the said date.

The defendant, on the same day, visited the plaintiff on October 31, 2018, who tried to return the deposit amount of KRW 30 million to the plaintiff, but did not contact, and if the director's date is known, the defendant will return the deposit at the same time with the document of surrender and cancellation of the lease registration.

The purpose of "" was sent by content-certified mail.

The purpose of this study was to reach the Plaintiff around the same time.

F. The plaintiff is occupying the house of this case until now.

2. The assertion and judgment

A. According to the above facts of recognition, the above facts of recognition are examined.

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