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(영문) 부산지방법원 2016.06.01 2015가단54802
임대차보증금반환
Text

1. The Defendant’s KRW 31,964,60 for the Plaintiff and its related KRW 5% per annum from August 8, 2015 to June 1, 2016, and the next day.

Reasons

1. Basic facts

A. On July 12, 2013, the Plaintiff leased from the Defendant C 301, Busan Seo-gu, Busan (hereinafter “instant real estate”) under the following conditions:

(hereinafter “instant lease agreement”). Around that time, the Plaintiff paid KRW 30 million to the Defendant the lease deposit, and the Plaintiff occupied around August 18, 2013 due to personal circumstances.

Deposit 3 million won, monthly rent 100,000 won: July 12, 2013: 24 months from the life limit;

B. On August 4, 2014, while the Plaintiff resided in the instant real estate, he/she provided a residence in another place due to personal circumstances and moved most of the things, and only several things were left behind in the said real estate to receive a refund of the lease deposit.

On February 9, 2015, prior to the expiration of the instant lease agreement, the Plaintiff sent to the Defendant a certificate to the effect that “not to renew the instant lease agreement.” On February 9, 2015, the Plaintiff reached the Defendant on the 10th of the same month.

C. Around August 6, 2015, the Defendant, without returning the lease deposit to the Plaintiff, changed the password of the joint signature number allowing access to the instant real estate, removed the key of the entrance of the instant real estate, removed the key of the entrance of the instant real estate, and entered the corridor and deducted the Plaintiff’s animal therefrom without the Plaintiff’s permission, and installed a remote area inside the instant real estate, a board, and a key replacement of the entrance. D.

On August 7, 2015, the Plaintiff filed a complaint against the Defendant by intrusion upon residence. On April 28, 2016, the Defendant was sentenced to a fine of KRW 500,000 as Busan District Court 2016Da369 on the ground of intrusion upon residence.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, 10, 14, 17, 18, 19, Gap evidence No. 7, Eul evidence No. 8, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The term of the instant lease agreement in determining the claim for return of deposit for lease deposit is two years from July 12, 2013, where the Plaintiff received the instant real estate from the Plaintiff, and the Plaintiff’s lapse of the lease term.

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