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(영문) 서울중앙지방법원 2019.05.16 2018가단5146624
임대차보증금
Text

1. The defendant shall pay KRW 1,965,753 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On September 24, 2015, the Plaintiff sold “Seoul Jung-gu D Building E” to the Defendant for KRW 1.8 billion. Of the above buildings used as the office, the Plaintiff agreed to lease the leased portion of the said building with KRW 50 million, KRW 4.8 million, KRW 4.8 million, and the lease deposit from the Defendant during the period from November 27, 2015 to November 27, 2017, and the said lease deposit was deducted from the purchase price to be paid by the Defendant to the Plaintiff.

(hereinafter referred to as “the instant lease agreement”). (b)

On November 27, 2015, the Plaintiff received the lease deposit to be succeeded by the Defendant and the remainder after deducting the Plaintiff’s lease deposit, and completed the registration of ownership transfer on the building, and thereafter occupied and used the leased portion in accordance with the instant lease agreement.

C. On November 27, 2017, the Plaintiff delivered the leased portion to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, the instant lease agreement was terminated on November 27, 2017, and thus, the Defendant is obliged to pay the Plaintiff deposit amounting to KRW 50 million and delay damages, barring any special circumstance.

3. Judgment on the defendant's defense

A. The gist of the argument is that the Plaintiff’s delivery and restoration of the leased object and the Defendant’s obligation to return the deposit are simultaneously performed. As such, the Plaintiff completed the duty to restore the leased object of this case on September 8, 2018, and the Defendant confirmed it and returned KRW 50 million to the Plaintiff on September 10, 2018, the Plaintiff’s claim of this case is without merit.

B. First of all, determination 1 on the defenses pertaining to the principal portion of the leased deposit, the Health Board, and the Defendant’s deposit to the Plaintiff on September 10, 2018, when the instant lawsuit was pending.

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