(영문) 대전지방법원 2017.04.25 2016가단22087

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(영문) 대전지방법원 2017.04.25 2016가단22087

임대차보증금반환

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) The Korea Land and Housing Corporation shall carry out a project to support leased housing units after obtaining a loan of the lease money provided by the Government for the stabilization of the residential life of the vulnerable residential group and making a lease contract with the housing owner, and then to the occupants of eligible

B. On March 6, 2015, the Korea Land and Housing Corporation leased two floors among the Daejeon-gu Daejeon District Building (hereinafter “instant building”) owned by the Defendant and the Defendant at KRW 40,000,000 as lease deposit.

C. On March 6, 2015, the Korea Land and Housing Corporation returned to the Plaintiff, who is an occupant eligible for support the second floor of the instant building, the total amount of KRW 40,000,000 (2,00,000 for subsidies from the Korea Land and Housing Corporation, KRW 38,000 for subsidies from the Korea Land and Housing Corporation, KRW 47,730 for monthly rent, and period of lease from March 25, 2015 to March 24, 2017.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) On July 31, 2014, the Plaintiff concluded a lease agreement with the Defendant for the lease deposit of KRW 50,000,000 and the period from August 10, 2014 to August 10, 2016 (hereinafter “instant lease agreement”).

(2) After the conclusion of a lease agreement on the second floor of the instant building between the Defendant and the Korea Land and Housing Corporation, the Plaintiff requested the Defendant to refund KRW 50,000,000 to the Defendant, but the Defendant did not comply with such agreement.

3) Therefore, the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 50,000,000 and delay damages therefor. (B) The Defendant’s assertion 1) concluded a lease agreement with the Plaintiff on October 16, 2013, which stipulated the lease deposit amount of KRW 25,00,000 with respect to the building of this case from October 16, 2013 to October 15, 2015.

2. However, the Plaintiff asserts.

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