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(영문) 수원지방법원안산지원 2020.01.08 2019가단3042
보증금
Text

1. The defendant's delivery of Ansan-si C apartment D from the plaintiff at the same time and at the same time, KRW 200,000 to the plaintiff.

Reasons

1. On December 16, 2014, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 195,00,000,000 with respect to the Yongsan-gu Member C Apartment (hereinafter “instant apartment”) and the period from the delivery date of the instant apartment to February 26, 2017. On February 27, 2017, the Plaintiff entered into a lease agreement by setting the lease period of KRW 5,000,00 with the Defendant as February 26, 2019.

(hereinafter “instant lease agreement”). The Plaintiff paid the Defendant the lease deposit of KRW 200,000,000 (i.e., KRW 195,000,000) to the Defendant, and the Plaintiff acquired the instant apartment from the Defendant and possessed it until now.

On December 13, 2018 and December 18, 2018, the Plaintiff notified the Defendant of the refusal to renew the instant lease agreement by content-certified mail.

[Ground of recognition] Facts without dispute, Gap 1, 2-1, 2-2, 3-1, 3-2, 4, the purport of the whole pleadings

2. Determination

A. According to the above determination on the cause of the claim, the lease contract of this case terminated at the expiration of the period, barring any special circumstance, the defendant is obligated to return the lease deposit to the plaintiff.

B. The lessee’s obligation to return the leased object due to the termination of the lease agreement to determine the Defendant’s simultaneous performance defense and the lessor’s obligation to return the deposit are concurrently performed.

Therefore, the Defendant is obliged to pay KRW 200,000,000 to the Plaintiff simultaneously with the delivery of the instant apartment from the Plaintiff.

3. The plaintiff's claim for conclusion is accepted within the extent of the above recognition, and the remaining claims are dismissed as they are without merit.

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