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(영문) 청주지방법원 2020.10.08 2020가단4461
임대차전세금
Text

The defendant shall pay 185,00,000 won to the plaintiff and 12% per annum from May 9, 2020 to the day of complete payment.

Reasons

1. The Plaintiff, on January 7, 2017, leased the Yangcheon-gu Seoul Metropolitan Government D Building E (hereinafter “instant housing”) for the lease term of KRW 185,00,000 from February 1, 2017 to February 1, 2019, and paid KRW 9,50,000 out of the above deposit amount of KRW 175,50,000 on the same day, and around February 1, 2017, the Plaintiff paid KRW 175,50,000 to C.

(hereinafter “instant lease agreement”). On January 25, 2017, the Defendant purchased the instant housing on condition that he/she succeeds to a lessor’s status under the instant lease agreement, and completed the registration procedure for transfer of ownership as Seoul Southern District Court’s receipt No. 27440 on February 9, 2017, on the ground of the said sale.

On October 2019, the Plaintiff notified the Defendant of the termination of the instant lease agreement.

[Grounds for recognition] Unsatisfy, Gap 1-3 evidence, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was terminated on October 201, when three months have passed since the Plaintiff’s notice of termination was delivered to the Defendant, and was terminated lawfully on January 202.

Therefore, the defendant is obligated to pay to the plaintiff 185,00,000 won of the above lease deposit and damages for delay calculated at the rate of 12% per annum from May 9, 2020 to the day of full payment after the day of delivery of a copy of the complaint of this case as requested by the plaintiff.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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