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(영문) 의정부지방법원고양지원 2019.09.06 2019가합73140

임대차보증금

Text

1. The Defendant’s KRW 320,000,000 as well as 5% per annum from April 14, 2019 to April 22, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On September 17, 2015, the Plaintiff leased (hereinafter “instant lease agreement”) a lease deposit of KRW 320,000,000, and the lease deposit of KRW 320,000 from November 20, 2015 to November 19, 2017, the Plaintiff paid KRW 320,00,000 to the Defendant around that time.

B. After the instant lease contract was implicitly renewed, on February 13, 2019, the Plaintiff sent to the Defendant a certificate-certified mail stating that “The Defendant became aware of at least the Plaintiff’s intention to terminate the instant lease contract on November 20, 2018, and the Defendant is obligated to return KRW 320,000,000 to the Plaintiff as the instant lease contract was lawfully terminated around February 20, 2019,” and around that time, the said certificate-certified mail reached the Defendant.

C. On April 13, 2019, the Plaintiff delivered the instant officetel to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. Where a lessor fails to notify the lessee of a refusal of the renewal, or to notify the lessee that he/she would not renew the contract without changing the terms and conditions, six months to one month before the term of the lease expires, the lease shall be deemed to have been renewed under the same conditions as the former one at the time the term expires, and where the lessee fails to notify by one month before the term of the lease expires (Article 6 (1) of the Housing Lease Protection Act), and in such cases, the term of the lease shall be deemed two years (Article 6 (2) of the Housing Lease Protection Act): Provided, That where the contract is renewed, the lessee may notify the lessor of the termination of the contract at any time (Article 6-2 (1) of the same Act), and the termination shall take effect three months after the date the lessor is notified thereof;

(Article 6-2(2) of the same Act. A No. 2 and 5 of the same Act.