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1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.
Reasons
1. Basic facts
A. On August 10, 2007, the Plaintiff leased the lease deposit amount of KRW 10 million, KRW 1.5 million per month, and KRW 1.5 million from August 4, 2007 to August 10, 2012, the lease term of which was set by the Defendants.
B. On August 4, 2012, the Plaintiff and the Defendants concluded a lease agreement to change rent of KRW 2.5 million per month and the term of lease from August 10, 2012 to August 10, 2013.
(hereinafter “instant lease agreement”). C.
The Plaintiff completed the construction of a concrete floor on the instant real estate, installed two container stuffs and one portable toilet, and used it as a garage for a vehicle. On January 2013, the Plaintiff removed both container stuffs and a portable toilet, and delivered the instant real estate to the Defendants.
The Plaintiff paid all the rent to the Defendants until the above delivery.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 7, 8 (including each number; hereinafter the same shall apply), Eul evidence 2, testimony of the witness F of the trial court, the purport of the whole pleadings
2. The allegations and judgment of the parties
A. (1) As to the claim for the refund of the lease deposit, the Plaintiff asserted that the instant lease agreement was concluded with the Defendants on January 2013, 2013, and the Defendants are obligated to refund the lease deposit amount of KRW 10 million to the Plaintiff.
As to this, the Defendants asserted that since the lease contract of this case was terminated on August 10, 2013 without agreement, it does not remain if the Defendants deducted the unpaid rent from the Plaintiff’s deposit to the expiration date of the lease term.
(2) The respective statements in the evidence Nos. 3, 4, 6, and 9, and the testimony of the witness F of the Party concerned added to the purport of the entire pleadings. ① On December 6, 2012, the Plaintiff prepared a new garage of the Ulsan-gu G Parking lot 1,508 square meters with the new garage on December 6, 2013.