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(영문) 서울동부지방법원 2015.04.24 2015가합100066
임대보증금반환
Text

1. As to KRW 330,031,50 among the Plaintiff and KRW 330,000 among them, the Defendant shall start from December 2, 2014 to December 15, 2014.

Reasons

1. Facts of recognition;

A. On July 18, 2013, the Plaintiff leased the lease deposit of KRW 330,00,000 from the Defendant, Songpa-gu Seoul Building No. 10 D-1014 (hereinafter “instant real estate”) to the Defendant for the period from August 26, 2013 to August 25, 2014 (hereinafter “instant lease agreement”), and paid KRW 330,000,000 to the Defendant on August 26, 2013.

B. On June 18, 2014, the Plaintiff notified the Defendant that he/she did not wish to extend the period of the instant lease agreement.

C. On October 16, 2014, the Plaintiff was subject to the order of lease registration (this court 2014Kao1810) and completed the registration of the instant real estate lease on November 17, 2014.

On December 1, 2014, the Plaintiff handed over the instant real estate to the Defendant.

E. Meanwhile, the Plaintiff spent registration license tax amounting to KRW 6,00, local education tax amounting to KRW 1,200, KRW 21,300, KRW 31,500, total of KRW 31,500, KRW 6,000, KRW 21,300, KRW 3,000.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 7, 8, 9, Gap evidence 10-2, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the lease contract of this case was terminated on August 25, 2014, and thus, the Defendant is obligated to pay to the Plaintiff the lease deposit of KRW 330,000,000 and the damages for delay calculated at each rate of 5% per annum as prescribed by the Civil Act from December 2, 2014, the following day of delivery of a copy of the complaint of this case, to December 15, 2014, which is the day of delivery of a copy of the complaint of this case, and from the next day to the day of full payment.

B. In addition, the lessee may claim the lessor for the expenses incurred in filing an application for the order of lease registration and the lease registration accordingly (Article 3-3(8) of the Housing Lease Protection Act). Thus, the Defendant shall serve the Plaintiff with a total of KRW 31,500 and a duplicate of the complaint in this case.

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