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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. On March 1, 2015, the Plaintiff leased the lease deposit amount of KRW 5 million, monthly rent of KRW 380,000,000, and the lease term of February 10, 2017 (hereinafter referred to as the “instant lease agreement”) from the Defendant, the Defendant paid the lease deposit to the Defendant around that time.
B. On August 5, 2016, prior to the expiration of the instant lease agreement, the Plaintiff expressed his/her intent to terminate the instant lease agreement to the Defendant and demanded the return of the lease deposit.
Accordingly, the defendant (limited to the defendant and the defendant's wife D, hereinafter referred to as "the defendant") notified the plaintiff that "it is impossible for the plaintiff to terminate the lease even without the expiration of the term of the lease contract, and it is the difference between the end of the term of the lease." However, if the plaintiff seeks a new lease contract under the conditions desired by the defendant, the lease deposit may be refunded to the plaintiff."
C. On August 7, 2016, the Plaintiff out of the instant house, and notified the Defendant of the password of the instant house entrance, and the Defendant cleaning the inside of the instant house through the cleaning company following the following day and then changed the above password.
Even after that, the Plaintiff failed to seek a new lessee meeting the Defendant’s conditions, and the Plaintiff stated to the Defendant that “the Plaintiff’s friendship is to live in the instant house and pay it to the Defendant upon receiving the rent from the Plaintiff.” The Defendant expressed an obvious objection against the Plaintiff’s voluntary sublease.
E. On August 19, 2016, the Defendant remitted KRW 2,437,470 to the Plaintiff as the refund of deposit for lease, and additionally remitted KRW 30,000 to the Plaintiff on October 1, 2016.
[Ground of recognition] There is no dispute.