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(영문) 의정부지방법원 고양지원 2018.10.25 2018가단73917
보증금반환
Text

1. Defendant B’s KRW 1,689,282 as well as 5% per annum from March 31, 2018 to October 25, 2018, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 8, 2013, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with Defendant B by setting the lease deposit of KRW 110,000,000 from May 30, 2013 to May 30, 2015, with the lease deposit of KRW 130,00,000 by increasing the lease deposit amount of KRW 20,000,000, and the lease period of KRW 24 months from May 31, 2015 to May 30, 2017.

B. After the termination of the instant lease agreement, the Plaintiff notified Defendant B of the absence of the intention to renew the lease after the expiration of the contract. The Plaintiff returned KRW 10 million from the said Defendant on August 28, 2017 and KRW 30 million on October 31, 2017 to another place on November 1, 2017.

On August 31, 2017, and October 23, 2017, the Plaintiff sent to Defendant B a message of the problem that he/she will move to another place on November 1, 2017.

C. Defendant B returned each of the remaining lease deposits to the Plaintiff KRW 40 million on March 2, 2018, and KRW 50 million on March 30, 2018.

Defendant C purchased the above multi-household housing from Defendant B on June 14, 2013, and completed the registration of ownership transfer on June 26, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 4-5, 6-6, Eul evidence 4-5, 6-6, Eul evidence 8, the purport of the whole pleadings

2. Claim against the defendant B

(a) The lessee’s obligation to specify the leased object and the lessor’s obligation to return the deposit are in a relationship of simultaneous performance;

Therefore, in order to extinguish a lessor's right to defense of simultaneous performance and to recognize a lessor's obligation to delay the refund of the deposit, the lessee must provide the lessor with an explanation of the leased object.

The plaintiff delivered or at least delivered the instant real estate to the defendant B on November 1, 2017, according to the above facts of recognition (see Supreme Court Decision 2001Da77697, Feb. 26, 2002).

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