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(영문) 광주지방법원 2016.08.18 2015가단31525
임대차보증금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 1, 2012, the Plaintiff leased the lease deposit of KRW 50,00,000 and the lease term from October 1, 2012 to December 24, 2015. Since the Plaintiff transferred the instant building on April 1, 2015 after the lease term expires, the Plaintiff asserts that the Defendant is obliged to pay the Plaintiff the lease deposit of KRW 50,000,000 and damages for delay.

In light of the following facts: (a) the requirements for the claim for the return of the deposit for lease are the fact that the lease contract, the payment of the deposit for lease, and the termination of the lease; (b) there is insufficient evidence to acknowledge that the deposit for lease was paid only on the basis of the statement of evidence Nos. 8 and 9, and there is no other evidence to acknowledge that the deposit for lease was paid; (c) the lease contract for the building of this case was prepared as of October 1, 1999 and was not signed by the receiver of the deposit for lease; (d) the initial contract and the lease was made without brokerage of the broker; (e) the object of the lease for lease on October 1, 2012, written by the lease contract as of October 1, 2012, did not coincide with the object of the contract, such as the three floors of the above building; (e) the increase of the deposit for lease for 12 years has not been made, and (e) the Plaintiff did not actually possess the building at the time of the lease contract.

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