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(영문) 서울중앙지방법원 2020.08.14 2020가단5028170
양수금 등
Text

1. Defendant B shall deliver to Defendant C the real estate listed in the separate sheet.

2. Defendant C Co., Ltd. is the defendant.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. Determination

(a) Against Defendant B: Judgment made by deemed confession (Article 208(3)2 of the Civil Procedure Act);

B. According to the above facts, the Defendant Company, as a lessor of the instant real estate, is obligated to return KRW 78,710,000 to the Plaintiff, who received a lease deposit claim from the Defendant B, at the same time, to transfer the instant real estate from the lessee, barring special circumstances.

However, the security deposit received in the lease of real estate guarantees all the lessee's obligations arising from the lease relationship, such as rental fees and liability for damages arising from the loss, damage, etc. of the object, and the amount equivalent to the secured obligation is naturally deducted from the security deposit without any separate declaration of intention, except in extenuating circumstances where the object is returned after the termination of the lease relationship (see Supreme Court Decision 2015Da230020, Jul. 27, 2016). Therefore, the transferee of the security deposit also holds the refund claim only for the balance deducted from the amount equivalent to the secured obligation, such as rental fees and management fees.

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