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(영문) 수원지방법원 2020.07.16 2019가단557743
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 130,000,000 to the plaintiff.

Reasons

1. On February 21, 2017, the Plaintiff entered into a lease agreement with the Defendant as to the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant lease agreement”) between March 31, 2017 and March 30, 2019 (hereinafter “instant lease agreement”); the Plaintiff paid KRW 130 million to the Defendant on March 20, 2017; the Plaintiff was living in the Republic of Korea after delivery of the instant real estate; the Plaintiff expressed his/her intention of refusal of renewal to the Defendant on November 2018; and the Plaintiff expressed his/her intention of re-cancellation by delivery of a duplicate of the instant complaint to the Defendant on the grounds that there is no dispute between the parties, or that the Plaintiff concluded a lease agreement by taking into account the entries and arguments in subparagraphs 2 through 7 and the purport of the entire pleadings.

According to the above facts, the lease contract of this case was lawfully terminated on or around February 4, 2020 after three months from November 4, 2019, when the copy of the complaint of this case was delivered to the defendant at the latest (see Article 6-2 of the Housing Lease Protection Act). Thus, the defendant is obligated to return the lease deposit amount of KRW 130 million to the plaintiff at the same time as the delivery of the real estate of this case from the plaintiff.

2. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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