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(영문) 대전지방법원 천안지원 2021.03.31 2020가단116551
보증금반환
Text

The defendant shall pay to the plaintiff KRW 60,000,000. The costs of lawsuit shall be borne by the defendant.

Paragraph 1 can be provisionally executed.

Reasons

1. Facts of recognition;

A. On March 22, 2016, the Plaintiff leased the lease deposit amount of KRW 60,000,000, the lease deposit amount of KRW 60,000 from June 22, 2016 to June 21, 2018 (hereinafter “the lease of this case”), and paid the Defendant the deposit amount of KRW 60,000,000 to the Defendant.

B. On June 22, 2016, the Plaintiff resided in the instant apartment upon delivery, and completed the resident registration in the instant apartment.

(c)

The apartment building of this case was owned by the previous defendant, but the ownership of E, which is his/her father, was terminated on March 9, 2016 due to the purchase and sale of the apartment of this case on April 8, 2016, and the registration of transfer of E’s ownership was cancelled on June 17, 2020 due to the cancellation of the agreement, and is currently owned by the defendant.

(d)

The Plaintiff was the owner of the instant apartment at the time of September 3, 2019.

E notified that the lease contract will be terminated, and notified that the lease contract will be terminated again to E around June 21, 2020.

[Reasons for Recognition] Presumption of Confession (Article 150 (1) of the Civil Procedure Act)

2. The instant lease was lawfully terminated by the Plaintiff’s notice of termination on September 3, 2019.

In addition, the defendant, who is the lessor of the lease of this case, is obligated to return the deposit amount of KRW 60,000,000 to the plaintiff.

3. Conclusion, the plaintiff's claim of this case is justified.

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