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(영문) 춘천지방법원원주지원 2019.04.24 2019가단51439
임대차보증금
Text

1. The defendant takes over the real estate stated in the separate sheet from the plaintiff at the same time, 83,00,000 won to the plaintiff.

Reasons

1. Facts of recognition;

A. On August 18, 2017, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit of KRW 83,000,000 with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”) and for the lease period from September 1, 2017 to February 1, 2019 (hereinafter “instant lease agreement”). On September 1, 2017, the Plaintiff paid KRW 83,000,000 to the Defendant.

B. At the time of entering into the instant lease agreement, the Plaintiff notified the Defendant of his intent to leave the instant apartment site and not to renew the lease agreement upon the expiration of the contract period, despite being informed the Plaintiff by one month prior to the expiration of the contract period, as he did not receive any specific contact.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of claim, it is reasonable to view that the lease of this case was terminated as the expiration date of the lease term expires, and barring any special circumstance, the Defendant is obliged to pay the Plaintiff KRW 83,000,000 as the lease deposit.

B. The defendant's argument regarding the defendant's assertion is that the defendant cannot respond to the plaintiff's claim until the apartment of this case is delivered from the plaintiff, and considering the whole purport of the statements and arguments in the evidence Nos. 4 and 5, the plaintiff can be acknowledged as having occupied the apartment of this case on September 1, 2017 and reside in the apartment of this case by the date of closing argument of this case. Thus, the plaintiff is obligated to deliver the apartment of this case to the defendant, and the defendant's obligation to pay the above lease deposit is related to the simultaneous performance of the plaintiff's duty of delivery.

Therefore, the defendant's above defense is justified.

C. Ultimately, the defendant delivered the apartment of this case from the plaintiff.

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