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(영문) 서울남부지방법원 2020.01.30 2019가단238255
임대차보증금
Text

1. At the same time, the Defendant received the delivery of the Gangseo-gu Seoul Metropolitan Government C Apartment D from the Plaintiff, and at the same time, KRW 200,000 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 10, 2015, the Plaintiff leased Gangseo-gu Seoul Metropolitan Government C Apartment D (hereinafter “instant apartment”) from the Defendant during the period from August 10, 2015 to August 9, 2017, with a deposit of KRW 200 million and the period from August 10, 2015 to August 10, 2017.

(hereinafter “instant lease agreement”). B.

The instant lease contract was implicitly renewed, and on January 29, 2019, the Plaintiff notified the Defendant of the termination of the instant lease contract and demanded the return of the deposit.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Gap evidence 4-1 and 2, the purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the claim, the instant lease agreement was lawfully terminated upon the Plaintiff’s termination notification as of January 29, 2019 that came into force on April 29, 2019. Therefore, barring any special circumstance, the Defendant is obliged to pay the Plaintiff KRW 200 million deposit for the instant lease agreement at the same time with the Plaintiff’s delivery of the instant apartment.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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