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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is a juristic person that supports the pre-paid rental housing for the purpose of stabilizing the residential life of the low-income bracket with the Housing and Urban Fund under Article 3(2) of the Housing Lease Protection Act as financial resources
B. On February 6, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to Nonparty C, D, and the instant building, the former owner of Nonparty C, the third floor of which is 20.93 square meters (hereinafter “the instant building”), from among the building B in Ansan-gu, Ansan-gu, Ansan-si, the Plaintiff: (a) KRW 2.5 million, among which, the Plaintiff, the tenant, E, and the lease deposit was paid by the tenant (Article 1); (b) from February 27, 2014 to February 26, 2016, where the lessor delays the return of the lease deposit after the delivery of the house, the amount calculated by the rate of 5% per annum for the lease deposit; and (c) where the lease is terminated or terminated, the lessor entered into the lease agreement with the lessee to refund the entire lease deposit (including the occupant’s share) (hereinafter “the lease agreement”).
C. On March 22, 2014, Defendant and Nonparty F purchased 1/2 shares of the instant house and completed the registration of ownership transfer on June 10, 2014.
On March 31, 2016, E died on March 31, 2016, E’s inheritor G submitted to the Plaintiff an application for termination of the lease-based rental housing due to the occupant’s death, and delivered the instant building to the Defendant and F.
E. On August 18, 2016, Plaintiff H stated “one-time date of return (16 December)” in the form of the document confirming the return of the deposit to the Defendant, and then requested the Defendant to affix his signature and seal on the next date.
The Defendant sent the notice “E” and signed on August 18, 2016 at the lower end of the contract and on the date of director’s conclusion as shown in attached Table 1 and sent it to the Plaintiff.
H on October 20, 2016, on the ground that the Defendant’s date of return was erroneously stated.