임대차보증금
1. The defendant shall pay 45,00,000 won to the plaintiff and 12% per annum from May 5, 2020 to the day of complete payment.
1. Determination on the cause of the claim
A. 1) On January 2, 2017, the Plaintiff: (a) from the Defendant on January 2, 2017, the Category D Building E (hereinafter “instant real estate”).
(1) The term of lease shall be from January 15, 2017 to January 14, 2019 (hereinafter referred to as “instant lease agreement”). The lease period shall be extended to KRW 45,00,000 (hereinafter referred to as “instant lease agreement”).
(2) On October 25, 2019, the Plaintiff expressed his/her intent to request the return of the lease deposit to the Defendant via content-certified mail (hereinafter “instant termination notice”), and on April 12, 2020, the Plaintiff completed the instant real estate director.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
B. The Plaintiff asserts that the instant lease agreement was terminated at the expiration of the term on January 14, 2019 or terminated on October 25, 2019, and sought reimbursement of KRW 45 million and delay damages against the Defendant.
First, we examine whether the instant lease contract was terminated on January 14, 2019.
If a lessee fails to notify of the rejection of renewal one month before the lease term expires, it is deemed that the lease was renewed under the same conditions as the former lease (Article 6(1) of the Housing Lease Protection Act). Inasmuch as the Plaintiff asserted from September 2018 that he/she notified of the rejection of renewal by telephone and text message, it is reasonable to deem that the lease contract of this case was not terminated on January 14, 2019 and renewed under the same conditions as the former lease.
Next, we examine whether the instant lease contract was terminated due to the notice of termination of the instant contract.
Where the lease contract is implicitly renewed, the lessee may notify at any time the lessor of the termination of the contract, and the termination shall take effect three months after the date on which the lessor is notified of such termination.
(Article 6-2(1) and (2) of the Housing Lease Protection Act.