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(영문) 창원지방법원마산지원 2019.09.18 2019가단104795
임대차보증금
Text

1. The defendant is simultaneously with the delivery of 45 square meters (one story C) north of the one story of the building listed in the attached list from the plaintiff.

Reasons

1. Determination on the cause of the claim

A. 1) On October 17, 2013, the Plaintiff: (a) on October 17, 2013, the north 45 square meters in the 1st floor of the building indicated in the separate sheet from the Defendant (which constitutes one story C).

hereinafter referred to as “instant house”

(2) On December 6, 2015, the Plaintiff leased the instant house from the Defendant for KRW 63,000,000, and around that time, paid KRW 63,000,000 to the Defendant. (2) On December 6, 2015, the Plaintiff concluded a contract to lease the instant house with the Defendant for a period of 63,00,000,000 from November 30, 2015 to 24 months.

3) Although the above lease agreement was explicitly renewed on or around November 30, 2017, the Plaintiff sent to the Defendant, on March 5, 2019, content-certified mail stating that the renewed lease agreement will be terminated, and the Defendant was served with the above content-certified mail on March 6, 2019. [Grounds for recognition] without dispute, Gap’s 1 or 3 evidence (including serial numbers, and the purport of the entire pleadings)

B. According to the above facts of determination, the above lease agreement between the Plaintiff and the Defendant was legally terminated pursuant to Article 6-2 of the Housing Lease Protection Act around March 6, 2019, which was three months from March 6, 2019 when the Plaintiff, a lessee, had reached the Defendant, a lessor.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff deposit KRW 63,000,000 under the above lease agreement.

2. The defendant's judgment on the simultaneous performance of the defendant's defense that the defendant could not respond to the plaintiff's claim for the refund of the deposit before the delivery of the house of this case from the plaintiff.

Since the duty to return the lease deposit of a lessor upon the termination of the lease and the duty to return the leased object of a lessee are concurrently performed, the Defendant is obligated to return the lease deposit at the same time as the delivery of the instant house from the Plaintiff.

The defendant's defense is justified.

3. If so, the defendant is the plaintiff.

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