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(영문) 서울동부지방법원 2016.09.09 2016가합1630
임대차보증금
Text

1. The defendant's delivery of No. C 1103 Dong 604, Songpa-gu, Seoul, and simultaneously 400,000 to the plaintiff.

Reasons

1. Basic facts

A. On March 28, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 400 million and the term of lease from May 15, 2014 to May 14, 2016 with respect to No. 604, Songpa-gu Seoul Metropolitan Government 1103, Songpa-gu (hereinafter “instant apartment”).

B. The Plaintiff paid KRW 400 million to the Defendant pursuant to the instant lease agreement, and received the instant apartment from the Defendant.

C. On March 2016, the Plaintiff sent to the Defendant a certificate of content that the instant lease contract is not extended.

[Ground of recognition] Facts without dispute, entry of Gap evidence 3, purport of whole pleadings

2. The judgment of this Court

A. According to the above facts of determination as to the cause of the claim, the lease of this case terminated upon the lapse of May 14, 2016, and thus, the term of lease expires, barring any special circumstance, the Defendant is obligated to return the lease deposit amount to the Plaintiff.

B. In a case where a judgment lease contract on the defendant's simultaneous performance defense is terminated, since the lessor's obligation to return the deposit and the lessee's obligation to perform the same simultaneously exists, the defendant is obligated to return the deposit amount of KRW 400 million to the plaintiff at the same time as the apartment of this case is delivered from

3. The plaintiff's claim for conclusion is reasonable within the scope of the above recognition.

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