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1. On February 9, 2015, the Defendant registered the Seoul Western District Court with respect to the real estate stated in the attached list from the Plaintiff, and on February 9, 2015.
Reasons
1. Basic facts
A. On January 14, 2015, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant to February 4, 2017 for lease deposit of KRW 150,000,000, and the period of February 4, 2017 (hereinafter “instant contract”). On February 9, 2015, the Plaintiff completed the registration of the establishment of chonsegwon with respect to the instant real estate as to the deposit for lease deposit of KRW 150,000,000, and KRW 44 square meters in the same size among the three floors, and the duration of chonsegwon of February 4, 2017.
B. The Plaintiff requested repair on several occasions to the Defendant on the ground that fung fung fung fung fung fung fung fung fung fung fung, the kitchen, and the living room. On January 19, 2016, the Defendant notified the Plaintiff of the termination of the instant contract on the ground that the Plaintiff had water leakage on the second floor of the instant real estate due to the failure to manage the Plaintiff, and the Plaintiff consented to the termination of the instant contract.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, the purport of the whole pleadings
2. According to the above facts of recognition, the instant contract was terminated on January 19, 2016 according to the agreement between the Plaintiff and the Defendant.
Therefore, the defendant is obligated to return 150,000,000 won to the plaintiff.
In regard to this, the Defendant’s right to lease on a deposit basis is cancelled, and the deposit cannot be returned until the delivery of the instant real estate 301 is made. Thus, the Defendant’s right to return the leased deposit is in a relationship of simultaneous performance with the obligation to return the leased object, the lessor’s overdue rent, and other damages. If the lessor and the lessee have completed the registration of establishment of the right to lease on a deposit basis while concluding the lease contract, the lease deposit is deemed to have the nature of the deposit. Thus, the obligation to return the lease deposit, unless otherwise agreed by the parties.