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(영문) 대구지방법원 김천지원 2018.10.11 2017가단5491
전세보증금반환
Text

1. The Defendant (Counterclaim Plaintiff) shall pay KRW 187,00 to the Plaintiff (Counterclaim Defendant) and to the day of full payment from February 4, 2018 to the day of full payment.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 2015, the Defendant concluded a lease agreement between the Plaintiff and the instant apartment from March 15, 2015 to March 14, 2017, under which the lease deposit was KRW 80,000,000, and the lease term was from March 15, 2015 to March 14, 2017.

(hereinafter “instant contract”). (b)

On January 2017, the Plaintiff changed the term of lease to the Defendant until the end of June 2016. The Plaintiff and the Defendant extended the term of lease of the instant contract, but the Plaintiff sought new lessees and borne real estate brokerage commission.

C. Around May 2017, the Plaintiff requested the Defendant to pay part of the lease deposit in advance, and the Defendant transferred KRW 40,000,000 to the Plaintiff around June 2017.

On July 31, 2018, the Plaintiff entered the apartment of this case and the new lessee did not have the right to purchase the apartment of this case. On January 31, 2018, the Defendant entered into a lease agreement with the new lessee and the instant apartment of this case with KRW 60,000.

E. On February 3, 2018, the Defendant remitted to the Plaintiff KRW 40,00,000 for the remainder of lease deposit and KRW 533,660 for long-term repair appropriations less KRW 247,00 for real estate brokerage commission, KRW 39,00 for management expenses incurred from July 25, 2017 to January 30, 2018, and KRW 39,70,660 for boiler repair expenses.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the term of lease of the instant contract was extended until June 2017 was extended by the end of the period, and only did the Plaintiff bear real estate brokerage commission for the new lessee, and there was no reason to accept the Defendant’s notification that the new lessee would pay the remainder of the lease deposit.

In order to receive a refund of the lease deposit.

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