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(영문) 창원지방법원 마산지원 2021.03.17 2020가단107103
전세보증금반환청구의 소
Text

The defendant shall pay the plaintiff KRW 5 million at the same time with the delivery of the real estate listed in the attached list from the plaintiff.

Reasons

1. Facts of recognition;

A. On September 19, 2012, the Plaintiff entered into a lease contract with C by setting the deposit amount of KRW 50 million, the lease period from October 13, 2012 to October 12, 2014, and received the delivery of real estate, and thereafter filed a move-in report on August 23, 2013.

B. On September 19, 2014, the Plaintiff increased the deposit amount of the lease on a deposit basis with respect to real estate listed in the separate sheet, and stated the lease period as “18 days” in the written complaint on September 13, 2016, but it is relatively clear that it is stated as “13 days” under the contract.

Until the end, a new lease contract was concluded, and it was concluded on October 23, 2014.

(c)

On July 30, 2019, the defendant acquired the ownership of the real estate listed in the separate sheet.

(d)

From May 28, 2020, the Plaintiff had expressed his intent to refuse to renew the above lease agreement to the Defendant several times.

[Ground of recognition] Evidence Nos. 1 and 2, Evidence No. 3-1, 2, and Evidence No. 4

2. Since the above lease contract was explicitly renewed and terminated on September 13, 2020, the expiration date of the lease term, the Defendant, who succeeded to the lessor’s status, is obligated to pay the Plaintiff deposit amounting to KRW 55 million at the same time with the delivery of real estate listed in the separate sheet, the object of the lease from the Plaintiff, as sought by the Plaintiff.

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