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Reasons
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(영문) 서울중앙지방법원 2018.07.25 2018나14747
전세임대차보증금 반환
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On May 13, 2013, the Plaintiff’s mother, entered into a lease agreement between the Defendant and the Defendant with respect to the “Seoul Jongno-gu D Building 501 (No. 502),” which is owned by the Defendant (hereinafter “instant building”), to which KRW 55,00,000, and the term of lease was from June 2, 2013 to June 1, 2015.

B. On May 3, 2016, the Plaintiff entered into a lease agreement between the Defendant with the lease deposit amounting to KRW 60,000,000 for the instant building, and the lease period from May 6, 2016 to May 5, 2017.

(hereinafter “instant lease agreement”). C.

After the expiration of the instant lease agreement, the Defendant returned to the Plaintiff the sum of KRW 55,905,000,000, including KRW 55,000,000 on July 6, 2017, KRW 541,00 on July 9, 2017, and KRW 50,364,00 on August 5, 2017. Meanwhile, the unpaid taxes and public charges of the Plaintiff are KRW 459,00.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 14, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The summary of the parties’ assertion (i) The lease contract of this case was expired, and the Defendant returned KRW 60,000,000 to the Plaintiff. The Defendant returned KRW 55,905,00 to the Plaintiff, and the Defendant did not refund the remainder of the lease deposit after deducting KRW 459,000 from the tax and public charges.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount payable (=636,000,000 won - 55,905,000 won - 459,000 won) out of the lease deposit of this case and delay damages therefrom.

D. The actual parties of the instant lease agreement are not the Plaintiff, and thus, the Defendant cannot comply with the Plaintiff’s claim. Even if the Plaintiff had the right to seek the return of the instant lease deposit, the Plaintiff’s side used the instant lease agreement for 36 months, and during the said period.

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