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1. The defendant shall pay 65,00,000 won to the plaintiff. 2. The plaintiff shall pay 50% of the costs of lawsuit, while 50% of the costs of lawsuit to the defendant shall be respectively.
Reasons
1. Facts of recognition;
A. On November 2, 2011, the Defendant leased No. D (hereinafter referred to as the “instant housing”) from among the land buildings in Seongdong-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, to the Plaintiff as of December 1, 201, setting the lease deposit amount of KRW 55,00,000, and the period of KRW 50,000, and the Plaintiff as of December 1, 2013.
B. On November 9, 201, the Plaintiff paid the full amount of the deposit to the Defendant and received the instant house.
(c)
In addition, the Plaintiff and the Defendant agreed to give and receive KRW 10,000,000 of the deposit for the lease on October 21, 2015, and to extend the lease period until November 17, 2017.
(d)
The lease contract was implicitly renewed after November 2017, and the plaintiff notified the defendant of his refusal to renew the contract on July 2019.
E. On August 14, 2020, after the termination of the lease contract for the instant house, the registration of the lease as the Plaintiff was completed on August 14, 2020.
F. On January 25, 2021, the Plaintiff transferred the instant house to the Defendant and moved to another place.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 5, the purport of the whole pleadings
2. However, the lessor’s duty to return the deposit for the lease on a deposit basis and the duty to cancel the lease registration is not concurrently performed, and the lessor’s duty to return the deposit for the lease on a deposit basis is not a duty to return the deposit for the lease prior to the lessee’s duty to cancel the lease registration (see Supreme Court Decision 2005Da4529, Jun. 9, 2005). As long as the said lease contract expired at the expiration of the period, and the Plaintiff delivered the instant house to the Defendant on January 25, 2021, the Defendant is obligated to return the deposit for the lease on a deposit basis to the Plaintiff.