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(영문) 대전지방법원서산지원 2019.05.01 2018가단4323
임대차보증금반환
Text

1. The defendant shall pay 5,000,000 won to the plaintiff.

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

3.Paragraph 1.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the statement in subparagraph 1, the Plaintiff: (a) leased the title F of the E-ground building in Seosan City with C and D on May 14, 2016, with the lease deposit of KRW 55 million; (b) from May 14, 2016 to May 13, 2018; (c) the Defendant acquired the ownership of the said building on June 7, 2016 and succeeded to the status of the lessor of the said lease; (d) the Defendant did not pay the electricity tax on the said building on September 28, 2018; and (e) notified the Plaintiff that the said lease contract was terminated by the delivery of the complaint of this case on the grounds of the Plaintiff’s nonperformance of the said lessor’s duty; and (e) can be acknowledged that the complaint of this case reached the Defendant on December 4, 2018.

2. According to the above facts, since the above lease contract was lawfully terminated on December 4, 2018, the Defendant is obligated to pay the Plaintiff the deposit amount of KRW 55 million.

3. As to this, the Defendant asserted to the effect that there is no interest in the lawsuit of this case since he filed a petition for bankruptcy including the obligation to return the lease deposit (Seoul Daejeon District Court Decision 2018Hadan1160). However, the petition for bankruptcy itself does not affect the civil procedure, and the above assertion by the Defendant is without merit.

4. If so, the plaintiff's assertion is reasonable.

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