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(영문) 서울북부지방법원 2014.12.18 2014가단40333
임대보증금반환
Text

1. The defendant shall deliver the real estate stated in the separate sheet from the plaintiff to the plaintiff at the same time. 100,000,000 won shall be applied to the plaintiff.

Reasons

1. According to the purport of Gap evidence No. 1, Gap evidence No. 2-1, No. 2-2, Gap evidence No. 3-5 and all pleadings as to the cause of the claim, the plaintiff entered into a lease agreement with the non-party B on August 22, 2012 on the lease deposit amount of KRW 100 million, the lease term of KRW 100 million from September 18, 2012 to September 18, 2014 with the lease term of KRW 100 million. The plaintiff paid the above lease deposit and obtained the fixed date of the lease agreement on November 20, 2012, and was residing until the date of the transfer of the above real estate, and thereafter the ownership transfer registration was terminated on the same date on July 31, 2013, and the lease agreement was extended on April 14, 2014 with the defendant's intention to pay the lease deposit to the non-party C on the same date.

According to the above facts, since the defendant succeeded to the lessor status of the above lease, he is obligated to return the lease deposit to the plaintiff as the lessee at the time of termination of the lease contract, and the lease contract is terminated according to the expiration of the above lease term and the plaintiff's declaration of refusal to renew the lease contract. Thus, the defendant is obligated to pay the above lease deposit KRW 100 million

2. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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