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(영문) 서울서부지방법원 2020.01.10 2019가단201542
임대차보증금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 60,800,000 among the Plaintiff’s counterclaim and KRW 60,000,000 among the Plaintiff’s counterclaim, the Defendant (Counterclaim Defendant) shall have the effect on December 25, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 18, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the condition that the lease deposit is KRW 60 million, the period from July 31, 2016 to July 30, 2018, and the monthly rent is KRW 400,000 (per month management fee, KRW 40,000,000,000) (hereinafter “the instant lease agreement”). Around that time, the Plaintiff occupied and used the instant real estate after receiving the lease deposit from the Defendant.

B. On November 14, 2018, after the instant lease contract was implicitly renewed, the Plaintiff notified the Defendant of the termination of the lease contract.

At the time, the Plaintiff was scheduled to move to the Defendant within November 2018, and the Plaintiff did not continue to reside in the house so that the Plaintiff can cooperate with the new lessee without relation to the time before the director was able to show his house to the new lessee, and if the new lessee is requested to return the deposit at the time of the termination, the Plaintiff expressed his intention to return the deposit at the time.

C. On November 26, 2018, in order to cooperate with the new lessee after having moved in the instant real estate, the Plaintiff informed the Defendant of the password of the entrance door of the instant real estate, but on November 28, 2018, the Defendant changed the entrance door number without the Plaintiff’s consent.

On December 2, 2018, the defendant informed the plaintiff of the changed entrance password.

The Plaintiff continued to enter and leave the instant real estate with unstable recovery of deposit money and brought about the conditions of possession, such as transfer money and sprinking, while maintaining the status of possession. On December 16, 2018, the Defendant concluded a lease contract to lease the instant real estate to a new lessee, and subsequently arbitrarily changed the entrance door password.

E. The Plaintiff’s real estate in this case on December 20, 2018.

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