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(영문) 서울남부지방법원 2020.07.15 2019가단274558
임대차보증금
Text

1. The part of a claim for cancellation of the lease registration, among counterclaims, shall be dismissed;

2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is on June 6.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On September 1, 2016, the Plaintiff leased real estate listed in the separate sheet from the Defendant (hereinafter “instant apartment”) by setting the lease deposit of KRW 30 million, monthly rent of KRW 1 million, and the lease term of August 31, 2018.

(hereinafter “instant lease agreement”). B.

On June 25, 2018, the Defendant notified the Plaintiff that he/she had no intent to renew the instant lease agreement.

On August 31, 2018, the Plaintiff sent a text message to the Defendant, “I would like to conclude the directors by 31 days. I will arrange the deposits and send it to the Defendant. I would like to see the contact with the author after making the deposit. I would like to see I I would like to contact. I would like to see I would like to see I would like to enter. I would like to know in July and August.”

The defendant returned 20 million won out of the lease deposit to the plaintiff.

C. On September 9, 2019, the Plaintiff completed the registration of the housing lease amounting to KRW 10 million on the instant apartment on the ground of the order of lease registration (2019Kadan135) by the Jung-gu District Court.

On September 16, 2019, the Plaintiff moved from the apartment of this case on the resident registration basis.

【Ground of recognition】 The fact that there is no dispute, entry or video of evidence A Nos. 1-4, and the inquiry result of the inquiry about the head of the Dong at the Government of this Court, the purport of the entire pleadings

2. The parties' assertion

A. On August 31, 2018, the Plaintiff delivered the instant apartment to the Defendant. The Defendant shall refund to the Plaintiff the remainder of the lease deposit amount of KRW 10 million and the delay damages therefor.

B. The Plaintiff occupied and used the instant apartment even after August 31, 2018, by leaving goods in the instant apartment.

The sum of the rents unpaid by the Plaintiff until December 31, 2019 is KRW 1975,00,000, and the sum of the unpaid management fees is KRW 1,291,720.

The plaintiff delivers the apartment of this case to the defendant, and pays the sum of the rent and management expenses that are not paid, and completes the delivery of the apartment of this case.

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