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(영문) 수원지방법원 2017.06.21 2016가단18124
임대차보증금반환
Text

1. The Defendant’s KRW 38,00,000 and the Plaintiff’s annual rate of KRW 5% from June 21, 2016 to June 21, 2017.

Reasons

1. Facts of recognition;

A. On November 11, 2009, the Plaintiff entered into a housing lease agreement (hereinafter “instant lease agreement”) with the Defendant’s agent Nonparty C, setting the lease deposit amount of KRW 35 million and the lease period from November 14, 2009 to November 14, 201 with respect to the Suwon-si, Suwon-si, the second floor D, and the multi-family house (hereinafter “instant house”) owned by the Defendant, with the Defendant’s agent Nonparty C, with the lease deposit amount of KRW 38 million and the lease deposit amount of KRW 38 million from October 26, 201 to October 26, 201, and paid the said increased lease deposit amount.

B. On November 11, 2009, the Plaintiff, while making a move-in report to the instant housing, obtained a fixed date on the instant lease agreement, and obtained a fixed date on October 26, 201, regarding the increase in the rental deposit.

C. However, Article 7 of the special terms and conditions of the instant lease agreement, and “the housing subject to the contract is included in the redevelopment area (E), and voluntary evictions are made in connection with the progress of the project at the time of relocation and removal of the house. Damage incurred by a lessor who fails to receive the relocation allowance due to his/her failure to leave is borne by the lessee.” Accordingly, on February 29, 2012, the Plaintiff trusted the Defendant and transferred his/her domicile to another place, thereby losing the opposing power under the Housing Lease Protection Act.

Since then, the above redevelopment plan is blank, and the procedure for compulsory auction (F, etc. of the Suwon District Court) was proceeding with respect to the housing in this case with the economic situation of the defendant, and sold to the third party on January 30, 2015.

[Ground of recognition] Unsatisfy, Gap 1-4 (including virtual number), and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, it is recognized that the lease contract of this case was terminated upon the expiration of the lease term, barring any special circumstance, the defendant is worth 38 million won and its amount.

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