(영문) 서울중앙지방법원 2020.11.11 2020가합518095

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(영문) 서울중앙지방법원 2020.11.11 2020가합518095

보증금반환

Text

1. The defendant's KRW 275,00,000 for the plaintiff and 5% per annum from April 7, 2020 to November 11, 2020 for the plaintiff.

Reasons

1. Facts of recognition;

A. On February 20, 2018, the Plaintiff leased from the Defendant real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) with the lease deposit amounting to KRW 275 million, and the lease period from February 14, 2018 to February 13, 2020 (hereinafter “instant lease agreement”), and paid the full amount of the lease deposit to the Defendant around that time.

B. On December 19, 2019, the Plaintiff notified the Defendant that the term of the instant lease agreement will no longer be extended if it expires, and the Defendant requested the neighboring real estate intermediary to seek a new lessee of the instant real estate, but did not seek a new lessee.

C. On January 11, 2020, the Plaintiff: (a) leased Nonparty C with the lease deposit of KRW 70,000,000 for the lease deposit; (b) from February 14, 2020 to February 13, 2021, the lease period of KRW 7,000,000 for office rent to Nonparty C; and (c) paid KRW 624,80 for brokerage commission to the licensed real estate agent.

On the other hand, the Defendant sent a text message to the Plaintiff on January 11, 2020, stating that “I will not be the time limit for the Plaintiff to enter into the contract until this house is omitted,” and on January 12, 2020 following the day, the Plaintiff sent a text message to the Defendant on January 12, 2020, stating that “I will request the Defendant to pay compensation for any disability and damage to the use of the deposit for the return of the deposit for the maturity after the expiration of the maturity date. It is not possible to return the deposit for the lease for the first time until the maturity date. The Plaintiff sent a text message to the Plaintiff on January 12, 2020, stating that “I will not request the Defendant to return the deposit for the lease for the first time after the expiration of the maturity date.”

E. Since a new lessee of the instant real estate did not seek to continue to exist thereafter, the Defendant is up to February 13, 2020, which is the last day of the instant lease agreement.

유사 판례

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-서울남부지방법원 2020.09.10 2020가단245525