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(영문) 부산지방법원 2019.05.23 2018가단324434
보증금반환
Text

1. As to KRW 50,400,000 and KRW 50,000 among them, the Defendant shall start from July 16, 2018 to August 29, 2018.

Reasons

1. Facts of recognition;

A. On February 25, 2014, the Plaintiff entered into a lease agreement with C, setting the lease deposit amount of KRW 50 million, and the lease period from February 27, 2014 to February 26, 2015, with the terms that the Plaintiff agreed to lease the D Building E (hereinafter “instant housing”) owned by C from C.

(hereinafter “instant lease agreement”). B.

The Plaintiff paid the lease deposit to C, and received the instant house, and completed the move-in report on the instant house on February 28, 2014, and received the fixed date.

C. On February 3, 2016, the Defendant purchased the instant house from C and completed the registration of ownership transfer.

Meanwhile, the instant lease agreement was implicitly renewed, and the Plaintiff notified the Defendant of the termination of the instant lease agreement on April 13, 2018.

E. Around July 15, 2018, three months after the notice of termination, the Defendant did not pay the lease deposit to the Plaintiff despite having received the instant housing from the Plaintiff.

Accordingly, on July 30, 2018, the Plaintiff completed a housing lease registration under the Housing Lease Registration Order as Busan District Court 2018Kao87 on the instant housing.

The plaintiff paid 400,000 won to a certified judicial scrivener for the above order of lease registration.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the lease deposit amount of KRW 50 million and the amount of KRW 40,400,000,000 for the certified judicial scrivener’s expenses incurred in relation to the registration of the right of lease and damages for delay.

B. As to the Defendant’s assertion 1, the Defendant extended the term of lease between the Plaintiff and the Plaintiff on February 25, 2019, and decided to change the management expenses from KRW 40,000 to KRW 60,00.

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