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(영문) 서울중앙지방법원 2017.08.22 2016가합26339
보증금
Text

1. The counterclaim of this case shall be dismissed.

2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounted to KRW 6,361,643 and this.

Reasons

1. Basic facts

A. On March 26, 2012, the Plaintiff entered into a lease agreement between the Plaintiff and the Defendant with respect to the instant apartment, setting the lease agreement as KRW 24 months from May 25, 2012 to May 24, 2014, and the lease deposit as KRW 250,000,00, respectively.

On May 15, 2014, the Plaintiff extended the period of the lease from May 25, 2014 to May 24, 2016, and extended the period of the lease from May 25, 2014 to May 24, 2016. The Plaintiff renewed the lease contract on the instant apartment by setting the amount of KRW 270,00,000 increased by KRW 20,000.

(hereinafter referred to as “instant lease contract”, including the initial lease contract and renewal contract. (b)

The Plaintiff, including the Plaintiff’s application for the registration of the lease of a house, failed to receive a refund of the lease deposit from the Defendant despite the expiration of the lease period of the instant apartment. On July 18, 2016, the Plaintiff completed the registration of the lease of a house (hereinafter “instant lease registration”) on July 22, 2016 after having been issued the order of lease registration under the Seoul Central District Court 2016Kao195 with respect to the instant apartment as to the instant apartment, and moved in the instant apartment on July 30, 2016.

C. On October 20, 2016, the Defendant returned KRW 270,000,000 to the Plaintiff.

【Ground of recognition】 The fact that there is no dispute, Gap’s No. 1, 2, 4, 5, 6, Eul’s evidence No. 1 (including spot numbers, if any), the purport of the whole pleadings

2. As to the legitimacy of the counterclaim of this case, the Defendant requested the Plaintiff to cancel the lease registration of this case on the ground that the Plaintiff returned KRW 270,000,000 under the lease contract of this case to the Plaintiff, which was the counterclaim, and the Defendant ex officio examined the legitimacy of the counterclaim.

If the lease registration has been made on the leasehold registration order by the court, in order for the lessor to cancel the registration, the court will decide to cancel the above decision by filing an objection or cancellation of the decision on the leasehold registration order.

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