임대차보증금반환
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay to the Plaintiff (Counterclaim Defendant) KRW 42,00,000 as well as the full payment from July 19, 2014.
1. Determination on the main claim
A. The facts of recognition 1) On March 5, 201, C leased the instant house from the Defendant from March 5, 2011 to March 26, 201, with the lease deposit amounting to KRW 42,00,000, and with the lease period from March 27, 2011 to March 26, 2013 (hereinafter referred to as “instant lease agreement”).
(2) On March 27, 201, the Plaintiff paid 5,000,000 won of the down payment out of the said deposit to the Defendant, and 37,000,000 won of the remainder deposit to D, a former lessee, in accordance with the terms and conditions of the instant lease agreement. (2) The Plaintiff, as an external third village of the counterclaim Defendant C, was residing in the second floor of the instant housing from July 201 to the counterclaim Defendant C. On July 22, 2011, the Plaintiff agreed to change the lessee of the instant lease from the counterclaim Defendant C to the Plaintiff.
3) On March 28, 2013, after the expiration of the lease term, the Plaintiff and the counterclaim Defendant C notified the Defendant of the termination of the instant lease by content-certified mail, and around that time, the said termination notice was delivered to the Defendant. (4) On August 10, 2013, the counterclaim Defendant C moved in the instant house on or around August 10, 2013, and on July 2, 2014, the Defendant did not raise an objection to the change of the lessee status from the Plaintiff to the Plaintiff, and sent the consent to the change of lessee and the notification of the change of lessee to the Plaintiff by content-certified mail to the Plaintiff, and the mail thereafter reached the Defendant.
5) On July 18, 2014, the Plaintiff was a director of the instant house and delivered it to the Defendant. [Grounds for recognition] The Plaintiff did not dispute, Gap evidence Nos. 1 through 3, 5, and 6 (including virtual numbers, Eul evidence Nos. 1 and 5, and the purport of the entire pleadings.
B. According to the above fact-finding on the cause of the claim, the instant lease agreement is due to the termination of the contract around June 2013, which was three months after the termination notice of the lease agreement around March 28, 2013 (see Article 6-2 of the Housing Lease Protection Act).