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(영문) 서울북부지방법원 2020.05.07 2019가단110343 (1)
임대차보증금
Text

1. The defendant shall deliver the building stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 37,00,000 to the plaintiff.

Reasons

1. Facts of recognition;

A. On March 13, 2002, the Plaintiff entered into a lease agreement with the Defendant on the attached list owned by the Defendant (hereinafter “instant building”) by setting the lease deposit amount of KRW 35,000,000, and the lease term of KRW 24 months from March 28, 2002 (hereinafter “instant lease agreement”). On March 28, 2002, the Plaintiff paid KRW 1,000,000 as the lease deposit and KRW 34,00,000 as the remainder lease deposit to the Defendant on March 28, 2002.

At the time of the conclusion of the instant lease agreement, the Plaintiff and the Defendant stipulated a special agreement stating that “The occupancy period shall be 24 months, but the lessee may reduce it to 18 months if the lessee wishes.”

B. On March 30, 2002, the Plaintiff filed a move-in report on the instant building and obtained a fixed date in the lease contract.

C. On December 3, 2003, the Defendant prepared and delivered to the Plaintiff a letter of intent to return KRW 35,000,000 to the Plaintiff by February 4, 2004.

On December 2003, the plaintiff sent a content-certified mail demanding the defendant to return the deposit when the term of the lease expires.

E. Meanwhile, the Plaintiff brought about KRW 2,00,000,000 on June 8, 2017, performed repair works on the hole arising from the outer wall of the instant building.

F. The plaintiff is residing in the building of this case until now.

[Reasons for Recognition] Facts not clearly disputed, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. According to the facts found above, the lease contract of this case was terminated on March 27, 2004. Thus, the defendant is obligated to pay 35,000,000 won to the plaintiff at the same time as the delivery of the building of this case from the plaintiff as requested by the plaintiff.

B. According to the above facts, the defendant shall pay the plaintiff KRW 2,00,000 as required under Article 626(1) of the Civil Act at the same time as the delivery of the building of this case from the plaintiff as requested by the plaintiff.

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