임대차보증금 반환
1. Of the parts concerning the principal lawsuit in the judgment of the court of first instance, the following amounts shall be exceeded:
1. Basic facts
A. On May 6, 2011, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Seoul Gwangjin-gu Seoul Special Metropolitan City, setting the period from May 10, 201 to May 10, 201, the deposit amount of KRW 2,000,000, the rent of KRW 300,000 (the rent of KRW 10 on May 10, 201), management expenses, and KRW 20,000 (hereinafter “instant lease agreement”).
B. The instant lease agreement was implicitly renewed three times, and the Plaintiff notified the Defendant of the termination of the instant lease agreement on October 10, 2017, and delivered the instant house to the Defendant around November 14, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. As to the principal claim
A. Since the lease contract of this case was terminated by the plaintiff's assertion, the defendant must return the deposit amount of KRW 2,000,000 to the plaintiff.
B. According to Article 6-2 of the Housing Lease Protection Act, where a contract is implicitly renewed, the term of existence shall be deemed two years, but the lessee may, however, notify the lessor of the termination of the contract at any time, and the termination shall take effect three months after the lessor receives the notice of termination.
According to the above facts and the law, the instant lease contract was terminated from October 10, 2017 to January 10, 2018 when the Defendant was notified of the termination of the contract, and thus, the Defendant shall pay the Plaintiff KRW 2,00,000,000, barring special circumstances.
3. On a counterclaim
A. The Defendant’s assertion that: (a) during the instant lease agreement period, the Plaintiff did not pay KRW 120,000,000 for the aggregate of the rent from June 10, 201 to December 10, 201, from October 10, 201, from October 10, 201, from October 10, 201 to October 10, 201, from October 10, 201, from October 10, 2017 to January 10, 2018, and from January 23, 2015 to November 201, and the Plaintiff did not pay KRW 460,00 for the 23-month management fee, and the water supply and drainage fee, and KRW 539,00 for the water supply and drainage fee.