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(영문) 대구지방법원 김천지원 2018.08.30 2018가단31572
보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 140,00,000 and the interest rate of KRW 15% per annum from May 14, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On January 4, 2012, the Plaintiff concluded a contract to establish a right to lease on a deposit basis with the Defendant for lease on a deposit basis, the duration of which is KRW 90 million, and the period from February 15, 2012 to February 14, 2014, with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”).

In accordance with the above contract, the Plaintiff paid KRW 90 million to the Defendant. On February 15, 2012, the Plaintiff completed the registration of establishment of chonsegwon by the Daegu District Court No. 9270.

B. On February 14, 2014, when concluding a new contract to establish a right to lease on a deposit basis with the Defendant for the instant apartment, the Plaintiff increased the deposit amount by KRW 50 million, and set the duration from February 15, 2014 to February 14, 2016.

(hereinafter “instant contract”). On February 20, 2014, the Plaintiff paid the Defendant the increased deposit amount of KRW 50 million and completed the registration of change of chonsegwon on the same day.

C. After that, the instant contract was renewed once, and on August 21, 2017, the Plaintiff expressed his intent not to extend the term of chonsegwon to the Defendant and requested the return of the deposit money.

However, the defendant does not return the deposit money despite the expiration of the term of chonsegwon.

On March 3, 2018, the Plaintiff, after having directors in the apartment of this case, notified the real estate agent office of the present door password, sent documents necessary for the registration of cancellation of lease on a deposit basis to the attorney office of the Plaintiff and notified the Defendant as the complaint of this case.

[Evidence] Facts without dispute, entry of Gap evidence 1 to 11, the purport of the whole pleadings

2. In light of the above facts, the defendant shall return the deposit money to the plaintiff according to the expiration of the contract of this case. The plaintiff delivered the apartment of this case to the defendant and provided all documents necessary for the cancellation of the registration of the establishment of the right to lease on a deposit basis. Thus, the defendant delivered the plaintiff the deposit money of KRW 140 million and a copy of the complaint of this case to the plaintiff.

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