임차보증금
1. The defendant shall deliver the building stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 65,00,000 to the plaintiff.
1. According to the overall purport of evidence Nos. 1, 2, and 3, the Plaintiff entered into a lease agreement with the Defendant on March 7, 2013 with respect to the building listed in the separate sheet (hereinafter “instant building”) owned by the Defendant, and paid the lease deposit (hereinafter “instant lease agreement”) as the lease deposit amount for KRW 65,00,000,00, and for the lease period from March 17, 2013 to 24 months, and the Plaintiff sent a certified mail claiming the return of the lease deposit to the Defendant on September 24, 2015.
2. Determination:
A. If the lessee fails to notify the lessee of the rejection of renewal by one month before the expiration of the lease term, the lessee shall be deemed to have leased under the same conditions as the former lease at the time the lease term expires (see Article 6(1) of the Housing Lease Protection Act); if an implied renewal is made, the lessee may notify the lessor of the termination of the contract at any time; and such termination shall take effect three months after the date the lessor is notified of the termination.
(See Article 6-2 of the Housing Lease Protection Act). According to the above facts, the instant lease agreement was explicitly renewed on March 16, 2015, which is the expiration date of the lease term, and the Defendant terminated the lease deposit on or around December 24, 2015, three months after the date on which the Defendant received a request from the Plaintiff to refund the lease deposit. Thus, barring any special circumstance, the Defendant is obligated to pay the Plaintiff KRW 65,00,000.
B. The defendant's defense can be acknowledged that the plaintiff occupies the building of this case even after the termination of the lease contract of this case, since the defendant could not respond to the plaintiff's claim for return of lease deposit before the delivery of the building of this case from the plaintiff, and according to the whole purport of the statement and pleading No. 2.