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Reasons
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(영문) 서울남부지방법원 2021.01.28 2020가단5574
월세보증금
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1. The Defendant (Counterclaim Plaintiff) received the real estate indicated in the separate sheet from the Plaintiff (Counterclaim Defendant) at the same time.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff leased the real estate indicated in the separate sheet from the Defendant (hereinafter “instant housing”) and resided in the said housing from May 16, 200.

B. On April 26, 2020, the plaintiff notified the defendant on April 28, 2020 that the defendant did not intend to continue the above lease.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 5 and 9, Eul evidence Nos. 11 and 12, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff’s above lease deposit was KRW 15,00,000, and the Plaintiff paid the above lease deposit to the Defendant, so the Defendant is obligated to return the deposit amount of KRW 15,000,000 to the Plaintiff at the same time as the Plaintiff received the instant house from the Plaintiff.

B. Since the above lease deposit of the defendant was paid KRW 3,500,000 by the plaintiff only to the defendant, the plaintiff is obligated to deliver the house of this case to the defendant at the same time with the return of KRW 3,500,000 from the defendant.

3. Determination

A. We examine the amount of lease deposit, as there is a dispute over it.

1) The lease agreement drawn up between the Plaintiff and the Defendant is as follows.

On September 20, 200, No. 150,000 won per September 20, 2003, No. 150,000 won per month, and No. 15,000 won per July 20, 2010, the Plaintiff and the Defendant drafted a receipt stating that they would raise the rent from May 20, 2018 to KRW 300,000 per month (No. 23-2) and KRW 300,000 per month (No. 15,000 won per February 12, 2019). The Defendant drafted a receipt stating that they would enter into a contract with the Plaintiff as KRW 300,000 per month (No. 300,00 won per month).

C) The Plaintiff is a beneficiary of housing benefits. As a result of the investigation conducted by the Korea Land and Housing Corporation upon request by the head of the Gu to verify the propriety of housing benefits, the lease between the Plaintiff and the Defendant was investigated as follows:

Deposit; and

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