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(영문) 인천지방법원부천지원 2014.12.12 2014가합4964
임대차보증금반환
Text

1. Defendant B and D shall simultaneously receive the real estate stated in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 14, 2009, the Plaintiff leased each of the real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant B, which was owned by the said Defendant, with the lease deposit of KRW 150 million and the lease term of KRW 2 years from November 13, 2009.

B. On November 13, 2009, the Plaintiff paid the lease deposit of KRW 150 million to Defendant B, and began to reside in the instant real estate upon delivery.

C. The above lease agreement was extended by an implied renewal, and the Plaintiff, upon the expiration of November 13, 2013, sent to Defendant B the intent not to renew the said lease agreement any longer.

On April 11, 2014, Defendant D, the husband of Defendant C, prepared a written confirmation that he/she would return the Plaintiff KRW 100 million out of the lease deposit to April 30, 2014, and the remainder of KRW 50 million to May 30, 2014.

[Ground of recognition] For Defendant B and C: Each entry in Gap evidence Nos. 1 to 4, and the purport of the whole pleading as to Defendant D: Article 150(3) of the Civil Procedure Act

2. Determination

A. According to the facts of recognition as to the claim against the Defendant B and D, the above lease agreement between the Plaintiff and the Defendant B terminated on November 13, 2013 with the expiration of the lease term. As such, Defendant B is obliged to return the said lease deposit to the Plaintiff simultaneously with the delivery of the instant real estate from the Plaintiff.

In addition, Defendant D guaranteed the lessor’s obligation to return the above lease deposit to the Plaintiff by preparing and granting the above written confirmation to the Plaintiff. Thus, Defendant B and each Plaintiff are obligated to return the lease deposit.

B. The Plaintiff, as the actual owner of the instant real estate, entrusted the title of the instant real estate to Defendant B, and Defendant C excluded the down payment of KRW 15 million under the said lease agreement.

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