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(영문) 서울남부지방법원 2017.08.17 2016나62267
임대차보증금
Text

1. Of the judgment of the court of first instance, KRW 9,910,000 against the Plaintiff and its related thereto from November 28, 2009 to August 17, 2017.

Reasons

1. Basic facts

A. On November 22, 2008, the Plaintiff entered into a lease agreement with the Defendant, with the main office 324, Dong-dong, Gangseo-gu, Seoul Metropolitan Government (hereinafter “instant real estate”), with a deposit of KRW 10 million, KRW 450,000,000 per month, and one year for the lease term (from November 22, 2008 to November 21, 2009) (hereinafter “the instant lease agreement”), and received the instant real estate by paying the deposit to the Defendant.

B. Around August 2009, the Plaintiff expressed to the Defendant that there was no intent to renew the lease contract of this case. On November 10, 2009, the Plaintiff sent a content-certified mail demanding that the deposit be returned at the expiration of the contract period after re-verification of the absence of intention to renew the contract.

C. The Plaintiff did not file a move-in report on November 22, 2008, which was delivered the instant real estate in accordance with the special terms and conditions that “the lessee does not file a move-in report.” However, on November 23, 2009, after the expiration of the lease term of the instant case, the Plaintiff filed a move-in report on the instant real estate on November 23, 2009, and on April 27, 2010, delivered the instant real estate, but did not refund the deposit from the Defendant even after the settlement of management expenses for the instant real estate, and completed registration on April 23, 2010 on the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the cause of the claim, since the lease contract of this case was terminated on November 21, 2009 due to the expiration of the period of validity, the defendant is obligated to return the deposit under the lease contract of this case to the plaintiff. The plaintiff has resided in the real estate of this case from November 27, 2009 after the termination of the contract as seen earlier, and the amount of 90,000 won (=450,000 won x 6/30) as unjust enrichment equivalent to the monthly rent from November 22, 2009 to November 27, 2009.

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