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1. The defendant shall pay to the plaintiff KRW 26,926,130.
2. The plaintiff's remaining claims are dismissed.
3. Of the costs of lawsuit.
Reasons
1. Basic facts
A. On February 28, 2012, the Plaintiff leased the building No. 302 (hereinafter referred to as the “instant building”) of the Yandong-gu D Building No. 302 (hereinafter referred to as the “instant building”) from Ansan-si, Ansan-si, the lease deposit amount of KRW 30,000,000, and the lease term of March 29, 2014.
(hereinafter “instant lease agreement”). B.
The defendant purchased the instant building from C on April 30, 2013, and completed the registration of ownership transfer in his/her name on June 20, 2013.
C. On October 8, 2014, the Defendant paid KRW 3,000,000 to the Plaintiff out of the lease deposit.
On October 12, 2014, the Plaintiff was a director of the instant building, and did not open the door door of the instant building and notify the Defendant of the password.
[Judgment of the court below] Facts without a dispute, Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings
2. The gist of the Plaintiff’s assertion was notified to the Defendant who succeeded to the lessor’s status prior to the expiration of the instant lease agreement, and the Defendant received such notification.
Therefore, even after the termination of the instant lease contract, the Defendant paid only KRW 3,00,000 out of the lease deposit, and the Defendant is obligated to pay the remainder of the lease deposit to the Plaintiff KRW 27,000,000 as well as damages for delay calculated at the rate of 20% per annum from the day after the copy of the instant complaint was served to the day of complete payment.
3. Determination on the cause of the claim
A. 1) There is no evidence to acknowledge that the Plaintiff, prior to the expiration of the instant lease agreement, notified the Defendant of the termination of the instant lease agreement or the rejection of the renewal thereof. (2) However, on September 2014, the Defendant requested the lease of the instant building to the real estate brokerage office after receiving the notification of termination of the instant lease from the Plaintiff.
Accordingly, on October 8, 2014, the Defendant returned KRW 3,000,000 to the Plaintiff out of the lease deposit, and the Plaintiff was 4 days thereafter.