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(영문) 수원지방법원 2018.08.16 2018가단505271
임대차보증금
Text

1. As to KRW 120,046,971 among the Plaintiff and KRW 120,00,000 among the Plaintiff, the Defendant shall start from December 24, 2017 to March 23, 2018.

Reasons

Facts of recognition

On October 12, 2016, the Plaintiff leased (hereinafter “instant lease agreement”) a lease deposit of KRW 120 million and the lease term of KRW 14,00,000,000,000 from the Defendant (hereinafter “instant real estate”) by setting the lease deposit by October 14, 2017. At that time, the Plaintiff paid the Defendant KRW 120,000,000 as the lease deposit.

In order to open the entrance of the building or the entrance of the underground parking lot to which the instant real estate belongs, it is necessary to card key, and the entrance door of the household shall be opened and closed by the password, but it may be opened and closed to the card key at the time of use registration, and there

On June 21, 2017, the Plaintiff notified the Defendant of his/her intention not to renew the instant lease agreement, and notified the Defendant of his/her intention not to renew the instant lease agreement on or before September 15, 2017, and notified the Plaintiff of his/her intention to resume the instant lease agreement. The Plaintiff returned the instant real estate deposit upon the expiration of the instant lease agreement and notified the Plaintiff by content-certified mail.

On October 13, 2017, the Plaintiff demanded the Defendant to return the security deposit to deliver card key to the Defendant as a director on the instant real estate on October 13, 2017. However, the Defendant respondeded to the purport that “I do not have a customer after the prosecution. I do not immediately say, I do not return the security deposit before entering into a contract with the new lessee.”

On October 31, 2017, the Plaintiff received the order of lease registration pursuant to the instant lease agreement from the Sungwon District Court, Sung-nam Branch, Gwangju District Court, for the instant real estate, and disbursed KRW 46,971 for this purpose.

On November 15, 2017, the Plaintiff visited the said brokerage office by carrying out a preparatory material as well as a preparatory material on his/her own face to return the instant lease contract, the application for the order of lease registration, the withdrawal of the application for the order of lease registration, and the card key, through a licensed real estate agent E, which was requested by the Defendant.

However, the defendant is using cell phone messages, etc. without entering the above office.

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