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1. The Defendant’s KRW 210,320,580 for the Plaintiff and KRW 5% per annum from April 15, 2017 to July 13, 2017.
Reasons
In fact, on March 13, 2014, the Plaintiff leased the lease deposit amount of KRW 210,00,000 and the term of lease from the Defendant during the period from April 12, 2014 to April 11, 2016, and paid the above lease deposit to the Defendant.
The Plaintiff agreed with the Defendant to extend the above term of lease by May 2016, through Nonparty D, the Defendant’s agent.
The Plaintiff occupied, used, and removed the leased object of this case from the Defendant on or before the commencement date of the above lease term, and left the leased object of this case on or after June 2016.
The Plaintiff, including the payment of the long-term repair appropriations, paid the total amount of KRW 320,580 to the C Apartment Management Office on behalf of the Defendant who is the owner of the leased object of this case from May 2014 to June 2016, as the user of the leased object of this case.
The defendant is currently living abroad.
[Based on recognition, Article 30(1) of the Multi-Family Housing Management Act provides that “The management authority shall collect and accumulate the long-term repair appropriations necessary for replacing and repairing major facilities of multi-family housing in accordance with the long-term repair plan,” Article 30(4) of the Enforcement Decree of the same Act, Article 31(7) of the same Act, and “the owner of multi-family housing shall return the amount of the long-term repair appropriations where the user has paid the long-term repair appropriations on behalf of the user.”
According to the fact that the obligation to return the lease deposit, etc. was established, the lease contract of this case terminated on or around May 2016, and thus, the defendant is entitled to the above lease deposit and the above lease deposit.