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(영문) 서울중앙지방법원 2020.04.17 2019가합528409
임대차보증금
Text

1. The defendant's KRW 5,460,572 against the plaintiffs and 5% per annum from August 21, 2019 to April 17, 2020.

Reasons

1. Basic facts

A. On February 28, 2015, the Plaintiffs entered into a lease agreement with the Defendant on April 8, 2015 to April 7, 2017, and the lease deposit amount to KRW 310 million, and moved into the instant apartment on April 8, 2015.

B. On April 7, 2017, the Plaintiffs concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant to increase the lease deposit amount to KRW 40 million and to extend the lease term from April 8, 2017 to April 7, 2019 (hereinafter “instant lease agreement”).

C. From November 2018 to March 4, 2019, the Plaintiffs notified the Defendant that they had no intent to renew the instant lease contract several times. On March 2, 2019, the Plaintiffs were directors at the present domicile of the Plaintiffs located in Gangnam-gu Seoul Metropolitan Government from the instant apartment, and completed the move-in report on April 26, 2019.

Meanwhile, the long-term repair appropriations paid by the Plaintiffs concerning the instant apartment from April 8, 2015 to April 7, 2019 are KRW 797,630.

On April 10, 2019, the Plaintiffs received the order of lease registration (2019Kadan5049) from the Jung-gu District Court Goyang branch on April 10, 2019, and completed the registration of the housing lease on April 22, 2019 with respect to the apartment of this case as to KRW 350 million.

E. On August 19, 2019, the Defendant: (a) obtained the payment deposit of KRW 350 million from March 1, 2019 to August 19, 2019; and (b) obtained the payment deposit of KRW 1,069,640 from March 1, 2019 to August 19, 2019; and (c) received the payment deposit of KRW 349,836,380 (=350 million from April 8, 2015 to August 19, 2019, adding KRW 906,020 to the long-term repair appropriations of the instant apartment from April 8, 2015 to August 19, 2019.

The Plaintiffs reserved an objection on August 28, 2019 and deposited the said money.

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