(영문) 대구지방법원 김천지원 2018.05.17 2018가단1038

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(영문) 대구지방법원 김천지원 2018.05.17 2018가단1038

전세보증금반환

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1. The Defendant’s KRW 70,000,000 as well as 5% per annum from February 13, 2018 to February 28, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 21, 2016, the Plaintiff concluded a lease agreement with respect to the E-building 503 (hereinafter referred to as “instant housing”) located in C and Gu/U.S. Si (hereinafter referred to as “instant housing”) from August 13, 2016 to February 12, 2018, under which the lease deposit amount is KRW 70 million and the lease period is from August 13, 2016 to February 12, 2018.

(hereinafter “instant contract”). (b)

The Plaintiff paid KRW 70 million to C, and resided in the instant house.

C. On September 7, 2016, the Defendant purchased the fourth-story building located in the Gu, Si, Si, Gu, including the instant housing from C, and completed the registration of ownership transfer on November 8, 2016.

On December 14, 2017, the Plaintiff notified the Defendant of the refusal to renew the lease agreement, and sent to the Defendant the word “to be a director” at the maturity date, and the Defendant respondeded to the Defendant.

E. On February 8, 2018, before the expiration of the instant contract term, the Plaintiff was a director, and the Defendant did not refund the lease deposit until now.

[Identification Evidence] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the facts of the above recognition, the defendant shall return the lease deposit to the plaintiff according to the expiration of the contract of this case, and the plaintiff delivered the house of this case to the defendant. As such, the defendant is obligated to pay to the plaintiff the lease deposit amount of KRW 70 million and the damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from February 13, 2018 to February 28, 2018, the day following the expiration date of the contract of this case, and from February 28, 2018, the delivery date of the copy of the complaint of this case, and from the next day to the day of full payment.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition by admitting it.

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