beta
Text
1. The defendant shall receive KRW 5,000,000 from the plaintiff, and at the same time, shall be the building stated in the attached Table to the plaintiff.
Reasons
1. Facts of recognition;
A. On October 17, 2016, the Defendant leased the instant building from the Plaintiff as security deposit of KRW 5,000,000, monthly rent of KRW 570,000 (advance payment) and period of lease of KRW 12 months from October 30, 2016.
B. C resided in the instant building No. 811 of the same consent, and fire prevention was made on June 8, 2017, and accordingly, 130 households, including the instant building, were unable to reside.
C. On June 29, 2017, the Defendant demanded the termination of a lease agreement on the grounds that the purpose of the lease agreement could not be achieved because the Defendant was unable to reside for a long period in the instant building. The Defendant refused to return the lease deposit without the Plaintiff’s request for termination, and the Plaintiff refused to return it on July 31, 2017, Seoul Southern District Court 2017Kau107.
The lessors of the same building, including the Plaintiff, started restoration work on July 15, 2017 and continued to reside again on August 20, 2017, but the Defendant did not move in.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, purport of the whole pleadings
2. Determination
A. According to the above facts, around June 29, 2017, the defendant was in a situation where the period of the instant lease agreement remains more than four months, and thus, it appears that it was difficult for the defendant to prepare a short-term dwelling and that deposit, etc. was necessary to create a residence. At that time, the plaintiff was in a situation where it is difficult for him to move back at any time because he did not start restoration work of the instant building and it was not known that he could not move back at any time. Accordingly, since the instant lease agreement was terminated, the Defendant is deemed to have become in a situation where the purpose of the instant lease agreement could not be achieved, and thus, the Defendant is obligated to guide the plaintiff, and the defendant is obligated to return the deposit to the plaintiff.