임대차보증금
1. The defendant shall pay 90,000,000 won to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
1. According to the purport of Gap evidence No. 1’s written evidence and the entire pleadings as to the cause of the claim, the Plaintiff, on July 11, 201, can be found to have leased (hereinafter “instant lease agreement”) the lease deposit amount of KRW 90,000,000 from the Defendant for the lease deposit of KRW 201,00,000,000, and the period from July 10, 201 to July 9, 2013.
According to the above facts, the lease contract of this case was terminated on July 9, 2013, and thus, the defendant is obligated to return the lease deposit to the plaintiff.
2. As to the judgment on the Defendant’s assertion, the Defendant asserted that the instant lease agreement was renewed on July 6, 2013 and its period expires on July 6, 2015, and thus, it cannot comply with the Plaintiff’s claim.
Article 6(1) of the Housing Lease Protection Act (hereinafter “Act”) provides that “If a lessee fails to notify his/her intention to renew a contract by not later than one month before the expiration of the lease term, the lessee shall be deemed to have been leased under the same conditions as the former one,” and the latter part of the same Article provides that “if the lessee fails to notify his/her intention to renew the contract by not later than one month before the expiration of the lease term, the same shall apply.”
According to Gap evidence No. 3, the plaintiff notified the defendant that he/she would not renew the lease contract of this case on July 5, 2013, July 11, 2013, and November 12, 2013, and each of the above notification reached the defendant around that time. The plaintiff's refusal notice of contract renewal is invalid because it exceeds the period prescribed by the Act.
However, Article 6-2 (1) of the Act provides that "if a contract has been renewed pursuant to Article 6 (1), the lessee may notify the lessor of the termination of the contract at any time," and Article 6-2 (2) of the Act provides that "the termination under paragraph (1) of the same Article shall be effective three months after the date when the lessor is notified of the termination."