임대보증금반환
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 120,000,000 to the plaintiff.
Facts of recognition
On October 12, 2016, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant building”) owned by the Defendant from the Defendant as KRW 120,00,000, monthly rent of KRW 250,000, and the lease term from November 7, 2016 to November 7, 2018 (hereinafter “instant lease agreement”), and paid KRW 120,000,000 to the Defendant.
On November 7, 2016, the Plaintiff made a move-in report to the instant building, and obtained a fixed date in the instant lease agreement on November 3, 2016.
On March 6, 2019, C received a provisional attachment order issued by Seoul Eastern District Court 2019Kadan283 on March 7, 2019, and completed the provisional attachment registration on March 7, 2019. D, and E completed the provisional attachment registration on June 17, 2019 upon the provisional attachment order issued by Seoul Central District Court 2019Kadan330 on June 17, 2019.
On April 29, 2019, the Plaintiff sent to the Defendant a certificate of intent to terminate the instant lease agreement, and the said certificate reaches the Defendant on April 30, 2019.
The plaintiff applied for the order of lease registration as Seoul Central District Court 2020Kadan30133, and this court made the order of lease registration on April 13, 2020.
[Grounds for recognition] According to Article 6 of the Housing Lease Protection Act, where a lessor fails to notify a lessee of the fact that there is no dispute between the parties concerned, the statement of Gap 1 through 5 and 7 evidence (including each number, hereinafter the same shall apply), the purport of the whole argument, and the ground for the whole argument, and where the lessor fails to notify the lessee of the fact that he/she would not renew the lease without any notification of the rejection of renewal or any change in the conditions, from June to January before the expiration of the lease term, the lease shall be deemed to have been renewed under the same conditions as the lease at the expiration of the lease term (the former part of paragraph (1)) (the latter part of paragraph (1)), and in the case of paragraph (1), the term of the lease shall be two years (paragraph (2)).