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1. The defendant shall deliver the real estate stated in the separate sheet from the plaintiff to the plaintiff at the same time. 150,000,000 won shall be applied to the plaintiff.
Reasons
1. Facts of recognition;
A. On August 7, 2017, the Plaintiff and the Defendant concluded a lease agreement with the Defendant (hereinafter “instant lease agreement”) that leases real estate listed in the attached list owned by the Defendant (hereinafter “instant apartment”) to the Plaintiff from September 15, 2017 to September 14, 2019, with the lease deposit of KRW 150,000,000 and the lease term of KRW 150,000.
B. On September 2017, according to the instant lease agreement, the Plaintiff paid 150,000,000 won to the Defendant, and began to occupy and use the instant apartment upon delivery from the Defendant.
C. On May 2, 2019, the Plaintiff notified the Defendant of the fact that he/she did not wish to renew the instant lease agreement when the term of the instant lease expires.
As of the date of closing argument of this case, the plaintiff is occupying and using the apartment of this case.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleading
2. Determination
A. According to the above facts, upon the lapse of September 14, 2019, the instant lease agreement expired due to the expiration of the lease term.
I would like to say.
Therefore, as requested by the Plaintiff, the Defendant is obliged to return the lease deposit KRW 150,000,000 to the Plaintiff at the same time with the delivery of the instant apartment from the Plaintiff.
I would like to say.
B. As to this, the Defendant asserts to the effect that “The Plaintiff and the Defendant agreed to extend the lease term of the instant lease by September 14, 2021,” around August 201, 201. Therefore, the Plaintiff cannot respond to the Plaintiff’s request.”
However, there is no evidence to prove that the plaintiff and the defendant agreed to extend the term of lease as alleged by the defendant.
The defendant's above assertion is without merit.
3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.