(영문) 서울서부지방법원 2019.05.03 2018나40123

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(영문) 서울서부지방법원 2019.05.03 2018나40123

보증금반환

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1. The judgment of the court of first instance shall be modified as follows upon a claim that has been modified in the trial.

The defendant shall make the plaintiff 35,000.

Reasons

1. Basic facts

A. On May 17, 201, D, the husband of the Plaintiff, entered into a lease contract with the Defendant under which D set the lease deposit amount of KRW 35 million and the contract period from June 11, 201 to June 10, 2013 (hereinafter “the first lease contract”). D paid the Plaintiff the down payment of KRW 5 million on the same day as the lease deposit, and KRW 30 million remaining on June 11, 201, with the remainder of KRW 30 million.

B.1) After that, D and the Defendant entered into a contract that extended the term of the first lease agreement by June 3, 2013 by June 10, 2015. D were dead on or around May 2015 (hereinafter “the deceased”).

(3) On January 13, 2016 between the Plaintiff and the Defendant, the Plaintiff paid the instant building from the Defendant KRW 35 million (the payment of the first lease deposit as the payment of the lease deposit).

) The term of the lease contract is set from June 10, 2015 to 30 months and the term of the lease contract (hereinafter “instant lease contract”).

(2) Article 5 of the instant lease agreement provides that “If the lease contract is terminated, the lessee shall restore the said real estate to its original state and return it to the lessor, and the lessor shall return the deposit.” (2) The terms and conditions of the instant lease agreement are as follows.

Special agreement: A special agreement shall be concluded by changing the name of the spouse of the former lessee to the Plaintiff due to the death of the former lessee. By December 31, 2017, the deposit shall be returned by December 31, 2017.

(b) accept at any time a third party and a charter party, even during the contract period, if any, at any time.

Water pipes, Washington, toilets, and old facilities shall bear the cost of repair for the tenants.

C. The plaintiff notified the defendant that he had no intent to renew or renew the contract before the expiration of the contract term of the instant lease contract.

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