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(영문) 수원지방법원성남지원 2019.10.10 2018가합410342
보증금반환
Text

1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 114,00,000 to the plaintiff.

Reasons

1. Basic facts

A. On July 10, 2017, the Plaintiff entered into a lease agreement with the Defendant, setting the deposit amount of KRW 114,00,000, and the period from August 1, 2017 to August 2, 2019 (hereinafter “instant lease agreement”).

B. From July 10, 2017 to July 27, 2017, the Plaintiff remitted deposit of KRW 114,00,000 to the Defendant three times.

C. The instant lease agreement expired on August 2, 2019, and the Defendant occupied the said house as of the date of closing argument in the instant case.

[Ground of recognition] Facts without dispute, entry in Gap evidence 6 through 8 (including additional evidence) and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Defendant, at the Defendant’s request, entrusted the instant house to C without permission between the Plaintiff and the Plaintiff transferred temporarily from the instant house, which led to the Plaintiff’s loss of opposing power and preferential payment right under the instant lease agreement.

The Defendant’s act constitutes a breach of good faith and duty under a lease agreement, and the Plaintiff notified the Defendant of the termination of the lease agreement.

Therefore, the defendant should return the lease deposit to the plaintiff KRW 114,00,000.

B. Selectively, the instant lease agreement was terminated on August 2, 2019 at the expiration of the period.

Therefore, the defendant should return the lease deposit to the plaintiff KRW 114,00,000.

3. We examine the judgment, as seen earlier, that the instant lease was terminated on August 2, 2019, and the Plaintiff has the duty to deliver the instant house and the duty to return the deposit in the simultaneous performance relationship upon the termination of the said lease.

Therefore, the Defendant is obliged to pay the Plaintiff KRW 114,00,000 to the Plaintiff simultaneously with the delivery of the instant house from the Plaintiff.

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