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(영문) 광주지방법원 목포지원 2021.02.17 2020가단54525
임대차보증금
Text

The defendant shall pay 40,000,000 won to the plaintiff. The costs of lawsuit shall be borne by the defendant.

Paragraph 1 can be provisionally executed.

Reasons

1. According to the evidence evidence Nos. 1 through 4 of the judgment as to the cause of the claim, the Plaintiff entered into a contract with the Defendant on January 18, 2013 under which the Plaintiff leased the entrance right room, living room, toilet part (hereinafter “the leased part of this case”) among the Defendant’s housing and roof cross-storys (hereinafter “the lease contract of this case”), and determined the lease deposit amount of KRW 40 million,000,000, from February 28, 2013 to February 27, 2015, and the Plaintiff paid KRW 40,000,000,000 to the Defendant around February 19, 2013.

According to the above facts, since the lease contract of this case was terminated upon the expiration of the lease term, the defendant is obligated to return 40,000,000 won to the plaintiff, barring special circumstances.

2. The defendant's assertion asserts that the plaintiff cannot respond to the plaintiff's claim because the lease contract of this case is implicitly renewed and the plaintiff occupies the leased part of this case.

However, according to the evidence evidence evidence evidence No. 2, the Plaintiff applied for an order to register the right to lease of the instant real estate among the instant real estate with the Gwangju District Court 2018 Kau 30 on November 2018, and received an order to register the right to lease of the instant real estate from the above court on November 16, 2018, and the registration of the right to lease of the instant real estate was completed on December 7, 2018. Thus, the Plaintiff appears to have withdrawn from the instant leased part after completing the registration of the right to lease of the instant real estate, and the above argument by the Defendant is difficult to accept.

3. In conclusion, the plaintiff's claim is justified, and it is so decided as per Disposition.

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