(영문) 전주지방법원군산지원 2020.10.28 2020가단1313

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(영문) 전주지방법원군산지원 2020.10.28 2020가단1313

임차보증금 반환

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1. The defendant shall pay 62,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On February 22, 2012, the Plaintiff entered into a lease agreement and paid a security deposit. On February 22, 2012, the 7th E of the D Building in Gunsan-si (hereinafter “instant apartment”).

(2) On March 15, 2014, the Plaintiff and C agreed to increase the deposit to KRW 62 million by extending the lease term of this case until March 11, 2015. The Plaintiff paid KRW 2 million to the Defendant around March 15, 2014, as the lease term of this case was extended by March 11, 2015. The Plaintiff paid KRW 2 million to the Defendant around March 15, 2014.

B. On June 12, 2014, C succeeded to a lessor’s status: (a) donated the instant apartment to the Defendant; (b) completed the registration of ownership transfer on June 13, 2014; and (c) accordingly, the Defendant succeeded to the lessor’s status of the instant lease.

C. On January 6, 2020, the Plaintiff sent to the Defendant a document evidencing that the instant lease agreement is terminated and the deposit is returned, and the mail was served to the Defendant on January 7, 2020.

2. Determination

A. According to the above facts finding as to the cause of the claim, since the lease of this case was implicitly renewed several times, and the notification of termination was made by the Plaintiff and the declaration of termination was terminated on February 7, 2020 after the lapse of one month from January 7, 2020 to the Defendant, the Defendant is obligated to refund the lease deposit amount of KRW 62 million to the Plaintiff.

B. The defendant's assertion and judgment that the plaintiff agreed to purchase the apartment of this case with his intention to purchase it.

However, there is no evidence to prove that a sales contract for the apartment of this case was established between the plaintiff and the defendant, and only if there was a sales agreement, it can be a reason to refuse the return of the deposit for lease.

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