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(영문) 창원지방법원 마산지원 2018.06.14 2018가단148
임대차보증금 반환
Text

1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 120,000,000 to the plaintiff.

Reasons

On August 6, 2015, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Defendant from the Defendant during the lease period of KRW 120,00,000, and from August 28, 2015 to August 28, 2017, with the lease deposit of KRW 120,000,000, and the Plaintiff paid the Defendant the lease deposit of KRW 120,000,000, and around August 28, 2015, the Plaintiff occupied and used the instant real estate upon delivery on or around August 28, 2015. Since then, whether to renew the lease agreement of this case on or around March 31, 2017, the Plaintiff notified the Defendant of his/her intention not to renew the lease agreement of this case to the Defendant around that time without the Defendant’s answer, or there is no dispute between the parties as a whole, or as a whole.

Comprehensively taking account of the above facts acknowledged, the lease contract on the instant real estate between the Plaintiff and the Defendant was terminated on August 28, 2017.

As such, the Defendant, a lessor, is obliged to return KRW 120,000,000 to the Plaintiff simultaneously with the delivery of the instant real estate from the Plaintiff, a lessee.

Therefore, the plaintiff's claim of this case is reasonable and acceptable.

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