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(영문) 서울중앙지방법원 2015.11.19 2015가단32613
임대차보증금반환
Text

1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time. 50,000,000 won shall be applied to the plaintiff.

Reasons

1. Facts of premise;

A. On April 22, 2013, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant from the Defendant to the lease deposit amounting to KRW 150 million, the lease deposit period from May 16, 2013 to May 15, 2015, and thereafter occupied the instant real estate upon delivery from the Defendant.

B. On March 6, 2015, the Plaintiff notified the Defendant of the rejection of the renewal of the above lease by serving the duplicate of the complaint in this case.

C. On September 1, 2015, the Defendant paid the Plaintiff KRW 50 million among the above lease deposit, and KRW 50 million on October 8, 2015, respectively, and returned KRW 100 million to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 2 and 6 evidence (including each number), the purport of the whole pleadings

2. According to the facts of the determination on the cause of the claim, the instant lease agreement was terminated on May 16, 2015, and thus, the Defendant is obliged to return the remainder of the lease deposit (150 million won - 100 million won) to the Plaintiff simultaneously with the delivery of the instant real estate from the Plaintiff.

3. On October 8, 2015, the Defendant asserts that the Plaintiff’s claim should be dismissed, since the Plaintiff and the remaining lease deposit amount of KRW 50 million were agreed to be returned by means of distribution in the auction procedure for the instant real estate.

In full view of the evidence No. 2 and evidence No. 5, as a whole, the purport of the entire pleadings is as follows: (a) the National Bank of Korea applied for a voluntary auction on the instant real estate on November 5, 2014 and issued a ruling to commence auction on November 5, 2014; and (b) between D and D on October 8, 2015 by an attorney representing the Plaintiff and D, the husband of the Defendant, “Defendant and E, the husband of the Plaintiff, are currently conducting auction on the remaining lease deposit that the Plaintiff had not received from the Defendant.

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