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1. The Defendant’s KRW 27,306,360 as well as 5% per annum from April 25, 2018 to May 29, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. On October 7, 2013, the Plaintiff entered into a lease agreement with the Defendant to lease (hereinafter “instant lease agreement”) with the term of 220,00,000,000 rental deposit, and with the term of November 19, 2015 from November 20, 2013 to November 19, 2015, the Plaintiff concluded the lease deposit amount of 227,00,000,000, and the term of existence from November 19, 2015 to November 19, 2017, with the renewal of the instant lease agreement.
B. The Plaintiff paid KRW 227,00,000 to the Defendant according to the renewed lease agreement of this case.
C. On August 29, 2017 and October 27, 2017, the Plaintiff had no intent to extend the instant lease agreement to the Defendant, and was scheduled to deliver the instant apartment to the Defendant at the end of the contract. As such, the Plaintiff sent a certificate stating the purport of returning the instant lease deposit to the Plaintiff.
On April 3, 2018, the Plaintiff was a director with another house in the instant apartment, and on April 24, 2018, the Defendant was the depositee and deposited the log card, the present digital key (Key), and the present heat chain of the instant apartment as the water title 3 in 2018 to the deposit manager of the Suwon District Court.
E. Meanwhile, the Plaintiff paid KRW 306,360 in total with the long-term repair appropriations of the instant apartment on behalf of the Defendant, the owner from November 20, 2013 to April 3, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8 through 12, and the purport of the whole pleadings
2. Determination
A. Comprehensively taking account of the above facts acknowledged as to the cause of the claim, the instant lease agreement terminated upon the expiration of the term. On April 24, 2018, the Plaintiff is obligated to deliver the instant apartment by depositing the log card, present digital key, and present heat to the deposit officer of the Suwon District Court by designating the Defendant as the depositee and depositing the Defendant in the deposit office of Suwon District Court.