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(영문) 서울북부지방법원 2021.01.19 2020가단106012
보증금반환
Text

The defendant's KRW 4,059,00 and its interest to the plaintiff are 5% per annum from February 18, 2020 to January 19, 2021.

Reasons

1. Basic facts

A. On September 24, 2017, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 250 million and the term of November 19, 2017 from November 19, 2017 to November 19, 2019 (hereinafter “instant lease agreement”) with respect to the three-story-family house D (hereinafter “family unit of the instant house”) owned by the Defendant, and paid the said lease deposit to the Defendant around that time.

B. The Plaintiff, from November 19, 2017 to October 15, 2019, resided with his spouse in the instant housing household and went to another place.

(c)

In the process of the Plaintiff’s residence in the instant housing household, water leakage has continued in the ceiling of the instant housing household’s studio, and the Plaintiff, around October 2018, requested the Defendant to the effect that the Defendant knew of water leakage and confirmed the water leakage and requested the Defendant to take waterproof measures. On November 8, 2018, the Defendant visited the instant housing household and confirmed water leakage status.

After that, the water leakage phenomenon of the instant household was more severe than before, the Plaintiff requested the Defendant to take measures to prevent water leakage on or around February 2019 and around April 2019, and the Plaintiff also discarded clothes that have been damaged due to fung occurring in the continuous water leakage field.

After around April 2019, the Defendant flooded construction work.

(d)

On the other hand, while finding out the causes of water leakage of the household of this case, the Plaintiff became aware that the Defendant had extended the rooftop floor, which is the upper floor of the household of this case, without permission, to reside with his family members.

E. The Plaintiff, as seen above, is transferred to another region under the circumstances where there is a arbitrative phenomenon, etc., and the Plaintiff would be entitled to directors prior to the expiration of the lease term to the Defendant side around July 2019.

was made.

After that, around September 6, 2019, the defendant entered into a lease agreement with a new lessee of the housing household of this case, and the plaintiff entered into such lease agreement on October 15, 2019.

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