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(영문) 대전지방법원 2017.01.24 2016가단14680
임대차보증금 반환
Text

1. The defendant shall deliver three floors of the building indicated in the separate sheet from the plaintiff, and at the same time, KRW 20,000,000 to the plaintiff.

Reasons

1. On April 8, 2014, the Plaintiff entered into a contract with the Defendant on the third floor of a building indicated in the attached Form (hereinafter “instant building”) with respect to the lease deposit of KRW 20 million,00,000,000, monthly rent of KRW 250,000, and the lease deposit of KRW 20,000 from April 30, 2014 to April 29, 2016 (hereinafter “instant lease contract”), and the Defendant paid KRW 20,00,000 to the Defendant, and the delivery of the instant building from the Defendant may be recognized by taking into account the overall purport of pleadings in the evidence No. 2, or the fact that the period of the instant lease contract expires is apparent, and thus, the Defendant is obliged to return the instant lease deposit and the instant real estate to the Plaintiff at the same time, barring any special circumstances.

2. The defendant asserts that since the plaintiff damaged the building of this case during the term of lease and caused damage equivalent to KRW 2,00,000 to the defendant, the above compensation should be deducted from the security deposit of this case. Thus, the security deposit received in the lease of real estate guarantees all the lessee's obligations arising from the lease, such as rent and compensation liability due to the destruction or damage of the object, etc., and the amount equivalent to the secured obligation is naturally deducted from the security deposit without a separate declaration of intention unless special circumstances exist when the object of the lease is returned after the termination of the lease relationship (see Supreme Court Decision 2009Da39233, Feb. 27, 2014). However, there is no evidence to acknowledge the fact that the plaintiff damaged the building of this case during the term of lease, or there is no evidence to prove the fact that the defendant suffered damage, the defendant's defense is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is reasonable.

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