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(영문) 수원지방법원 2020.07.16 2019가합23544 (1)
보증금반환
Text

1. The defendant's KRW 205,00,000 for the plaintiff and 5% per annum from March 20, 2020 to March 23, 2020 for this.

Reasons

1. Basic facts

A. C was the owner of the D Apartment E (hereinafter “instant apartment”). On August 1, 2017, the Plaintiff entered into a lease agreement with the said C to lease the instant apartment by setting the lease deposit amount of KRW 205,00,000 with respect to the instant apartment between the said C and the period from August 28, 2017 to August 27, 2019 (hereinafter “instant lease agreement”), and paid the deposit amount to C.

B. C sold the instant apartment to the Defendant, and on December 19, 2018, the registration of ownership transfer was completed on November 20, 2018 in the name of the Defendant with respect to the instant apartment.

C. On March 13, 2019, around 09:51, the Plaintiff sent text messages to the Defendant who succeeded to the lessor status of the instant lease agreement, stating that “the lease agreement will be terminated as of August 27, 2019, and at that time, a new director must be reported in advance.”

The Plaintiff continued to receive text messages from the Defendant on the same day at around 09:52. D.

On July 18, 2019, the Plaintiff sent to the Defendant a certificate indicating that the instant lease agreement was terminated as of August 27, 2019 and no longer the intent to extend the contract was expressed. However, the said certificate was returned.

On August 6, 2019, on the premise that the Plaintiff would not extend the instant lease agreement to the Defendant again, the Plaintiff sent a document verifying the contents of the lease deposit to return KRW 205,000,000 on August 27, 2019, which was the end date, on the premise that the Plaintiff would not extend the instant lease agreement to the Defendant again, but the said document was also returned.

E. The Plaintiff received text messages from the Defendant around 17:08 on July 24, 2019, stating that “The Plaintiff shall send text messages to the Defendant.” On the same day, around 17:19 on August 27, 2019, the date when the contract expires, the Plaintiff should have a director in a new apartment as a new apartment in line with the Defendant on August 27, 2019, which is the date when the contract expires, and he can return the pre-paid deposit on the day when the contract expires.

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