logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.10.02 2019가합42330
임대차보증금
Text

1. As to KRW 420,363,470 and KRW 420,00 among them, the Defendant shall pay to the Plaintiff KRW 420,363,470 from March 13, 2019 to October 2, 2019.

Reasons

1. Facts of recognition;

A. On January 7, 2015, the Plaintiff leased the instant apartment D (hereinafter referred to as the “instant apartment”) with a deposit of KRW 340,00,000, and the period from February 27, 2015 to February 27, 2017, and received the delivery of the instant apartment from the Defendant by paying the entire deposit to the Defendant.

B. After that, on February 27, 2017, the Plaintiff paid to the Defendant a deposit of KRW 80,000,000 to the Defendant, and the period was set as February 27, 2019 and renewed the instant lease agreement by setting the period as February 27, 2019.

C. On November 30, 2018, before the expiration of the instant lease agreement, the Plaintiff expressed to the Defendant that the instant lease agreement will not be renewed.

On February 22, 2019, the Plaintiff was a director of the instant apartment on February 22, 2019, and on March 12, 2019, the Plaintiff completed the delivery of the said apartment by informing the Defendant of the password of the said apartment site.

E. Meanwhile, while occupying and using the instant apartment, the Plaintiff paid KRW 410,970 in total with the long-term repair appropriations from February 27, 2015 to February 27, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant lease agreement was lawfully terminated upon the expiration of the period on February 27, 2019 upon the Plaintiff’s notice of refusal to renew the lease agreement, and thus, the Defendant is obligated to refund KRW 420,000,000 to the Plaintiff and pay KRW 410,970 to the Plaintiff for the long-term repair appropriations.

3. Determination

A. (1) According to the facts of the recognition of the claim for return of the lease deposit, the instant lease contract was terminated as of February 27, 2019, and barring any special circumstance, the Defendant is obligated to return the lease deposit KRW 420,000 to the Plaintiff, barring any special circumstance. 2) The long-term repair appropriations for long-term repairs from February 27, 2015 to February 27, 2019 for long-term repairs from February 27, 2019.

arrow