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(영문) 서울서부지방법원 2019.11.27 2019가단12704
전세금반환
Text

1. As to KRW 180,040,80 and KRW 180,00 among them, the Defendant shall pay to the Plaintiff the remainder of KRW 40,800 from August 27, 2019, and KRW 40,800.

Reasons

1. Basic facts

A. (1) On May 15, 2017, the Plaintiff entered into the instant lease agreement with C, D, and C, and D, with the indication of the real estate in the attached Form “Attachment D” (hereinafter “the instant real estate”).

As to the instant lease agreement, deposit KRW 200,00,000 and the term as of June 8, 2019 (hereinafter “instant lease agreement”).

A) Around that time, C and D paid a deposit of KRW 200 million. (2) C and D completed the registration of ownership transfer on the instant real estate on June 20, 2017 to the Defendant on August 8, 2017.

B. On May 23, 2019, the Defendant returned KRW 20 million out of the lease deposit to the Plaintiff on May 23, 2019, when the instant lease contract expires.

On July 11, 2019, the Plaintiff sent a content-certified mail demanding the Defendant to return the remainder lease deposit of KRW 180 million, and the above content-certified mail reached the Defendant around that time.

C. On July 29, 2019, the Plaintiff, including the lease registration based on the order of lease registration, completed the lease registration on the instant real estate on August 23, 2019 after having received the order of lease registration under the Seoul Western District Court Decision 2019Kao5137 as Seoul Western District Court Decision 2019Kao5137, and paid KRW 40,800 in relation to the application for the said order of lease registration.

On August 26, 2019, the Plaintiff delivered the instant real estate to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts acknowledged prior to the determination of the claim for the refund of the lease deposit, the Defendant is obligated to pay the Plaintiff the unpaid lease deposit amount of KRW 180 million and the delayed payment damages therefor, barring any special circumstance.

B. Article 3-3 (8) of the Housing Lease Protection Act to determine whether to claim expenses for filing an application for the order of lease registration is based on an application for the order of lease registration under paragraph (1).

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