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(영문) 서울중앙지방법원 2020.07.09 2019가합565583
임대차보증금
Text

1. As to the Plaintiff KRW 500,000,000 and its KRW 400,000 among them, the Defendant shall pay to the Plaintiff KRW 100,000 from August 13, 2019, and KRW 100,00,000.

Reasons

Facts of recognition

On March 29, 2017, the Plaintiff entered into a lease agreement between the Defendant and Jeju, and the Plaintiff on April 1, 2019, with respect to five Dong-dong (Ddong, Edong, Fdong, G Dong, H Dong, and hereinafter referred to as “each pented building of this case”) of the ground pented building: (a) KRW 100 million for each Dong; and (b) the lease period from April 1, 2017 to April 1, 2019.

(2) The Plaintiff and the Defendant, on March 31, 2017, prepared a separate lease contract for each of the above units, and drafted a new lease contract for each of the above units on September 29, 2017. Under the instant lease contract, the Plaintiff paid the Defendant a total of KRW 500 million of the lease deposit, and on October 10, 2017, completed the registration of the establishment of each of the respective units of the instant building with the maximum debt amount of KRW 650 million as the joint collateral in order to secure the claim for refund of the deposit amount of KRW 500 million.

On the other hand, among each of the instant pension buildings, the registration of provisional registration of the Plaintiff’s right to claim transfer of ownership was completed on March 23, 2017 under the name of the E-dong, which was based on trade reservation (hereinafter “the provisional registration of this case”), and I made the principal registration of transfer of ownership on October 29, 2018 based on the provisional registration of this case. The registration of the establishment of a mortgage on the Plaintiff’s E-dong, which was registered after the provisional registration of this case, was ex officio.

On February 21, 2019, the Plaintiff notified the Defendant that he/she had no intent to renew the instant lease agreement, and around April 2019, the Plaintiff delivered each of the instant pension buildings to the Defendant (D, F or H Dong) and I (Edong).

[Ground of recognition] In light of the facts without dispute, Gap's evidence Nos. 1 (including a provisional number; hereinafter the same shall apply), Eul's evidence Nos. 1 (5), Eul's evidence Nos. 1 and 2, and the judgment of the court below as to the ground of claim as to the whole of the pleadings, since the whole lease contract of this case has expired on April 1, 2019, the whole lease contract of this case has expired, barring special circumstances, the defendant is liable to pay to the plaintiff KRW 500 million and delay damages.

The defendant's argument is related.

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