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(영문) 제주지방법원 2020.11.30 2019가단6316
전세보증금
Text

1. On December 13, 2016, the Defendant has two floors (76.71 square meters) among the real estate listed in the attached Table 1 list from the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 13, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Defendant, which leases the lease deposit of KRW 100 million, annual rent of KRW 2 million, and the lease term until December 12, 2018 (hereinafter “instant lease agreement”).

B. On December 13, 2016, the Plaintiff paid KRW 100 million to the Defendant, and on December 13, 2016, the Plaintiff completed the registration of establishment of chonsegwon (hereinafter “registration of establishment of chonsegwon”) with respect to the instant housing as the Jeju District Court No. 134574, Dec. 13, 2016, which was received on December 13, 2016, with respect to KRW 10 million for lease deposit, and its duration from December 13, 2016 to December 12, 2018.

C. On February 28, 2019, the Defendant filed a lawsuit against the Plaintiff on February 28, 2019, including the Jeju District Court Decision 2019Da62006 (No. 2019DaDa59730, supra) stating that the instant lease contract is terminated as a written complaint for reasons of the failure to pay rent and public charges, and that the procedure for cancellation of the registration of the instant lease on a deposit basis is implemented, and that the instant house is handed over.

During the Plaintiff’s hospitalization by the Southern East C, the Defendant was issued a key to the entrance door of the instant house from C on March 15, 2019.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 2, 4, and 11 (including paper numbers), and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the lease contract of this case was terminated by agreement after the defendant delivered the entrance door heat of the house of this case from C who represented the plaintiff on March 15, 2019. Thus, the defendant is obligated to pay the plaintiff the lease deposit amount of KRW 100 million and damages for delay due to the termination of the lease contract of this case, barring any special circumstance.

B. Determination on the Defendant’s assertion on the deduction of rent and restitution cost (1).

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