(영문) 서울중앙지방법원 2020.11.19 2020가합548812

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(영문) 서울중앙지방법원 2020.11.19 2020가합548812

임대차보증금

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The defendant will pay 240,000,000 won to the plaintiff at the same time as the delivery of the real estate stated in the separate sheet from the plaintiff.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The Plaintiff is a stock company C (hereinafter “C”) that was an owner at the time of October 23, 2017.

(1) The real estate stated in the separate sheet (hereinafter referred to as “instant housing”)

(1) On December 23, 2017, from December 22, 2019 to December 22, 2019, the Defendant entered into a lease agreement with a deposit amount of KRW 240,000 (24 months), and entered into a lease agreement with a deposit amount of KRW 240,000,000, and has been living in the instant house. (2) On December 26, 2017, the Defendant decided to succeed to the said lease agreement while acquiring the ownership of the instant house and entered into a new lease agreement with the Plaintiff around December 27, 2017. The key contents were the same as the lease agreement with the Plaintiff (24 months), from December 27, 2017 to December 26, 2019, as the lease deposit amount of KRW 240,000,000 (lease deposit as is).

(3) On September 20, 2019, the Plaintiff notified the Defendant of the termination of the instant lease agreement through the person in charge of the company (mutual name: D) that is responsible for the management of the instant housing, and filed the instant lawsuit on June 3, 2020, when the term of the instant lease expires, the Defendant did not return the deposit even after the said term of the lease expires. [Grounds for recognition] The Plaintiff did not dispute, and each of the entries (including serial number, the purport of the entire pleadings) in subparagraphs 1 through 9 (the purport of the entire pleadings).

B. According to the facts of the above recognition, the instant lease contract was terminated upon the expiration of the period due to the Plaintiff’s explicit and explicit explanation of the intention to refuse the renewal of the contract.

As such, the defendant is obligated to pay KRW 240,00,000 to the plaintiff simultaneously with the delivery of the instant housing from the plaintiff as requested by the plaintiff.

2. Conclusion, the plaintiff's claim is justified and acceptable.

유사 판례

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-부산지방법원 2019.04.09 2018가단8916

-서울남부지방법원 2016.08.09 2015가단218550