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(영문) 인천지방법원 2018.09.05 2018가단229600
보증금반환
Text

1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time. 35,000,000 won shall be applied to the plaintiff.

Reasons

1. Facts of recognition;

A. On November 7, 2012, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant to 35,000,000, and the term of lease from December 28, 2012 to December 27, 2014. The Plaintiff paid the Defendant the full amount of KRW 35,000,000 as lease deposit.

B. Since then, the above lease contract was implicitly renewed, and the Plaintiff is residing in the instant real estate until now, and the Plaintiff sent a letter verifying the content of the lease contract to the effect that the said lease contract was terminated and the refund of the deposit for lease was requested, and was served by the Defendant on November 23, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of determination, the instant lease agreement was terminated on February 23, 2018 after three months from the date the notice of termination was delivered to the Defendant. Thus, the Defendant is obliged to return KRW 35,000,000 to the Plaintiff at the same time as the Plaintiff received the instant real estate from the Plaintiff, except in extenuating circumstances.

As to this, the defendant asserts that he would return the lease deposit if he finds a lessee without any economic leave. However, this reason cannot be a justifiable reason for the defendant to postpone or refuse the return of the lease deposit. Therefore, this part of the defendant's argument is without merit.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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