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(영문) 울산지방법원 2018.05.24 2018가단1055

임대차보증금반환

Text

1. The defendant shall pay 50,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. The following facts can be acknowledged in full view of the evidence and the purport of the whole pleadings by Gap.

On September 2, 2009, the Plaintiff entered into a contract to establish a lease on a deposit basis with the Defendant for lease on a deposit basis as to part of 56.19 square meters (502 square meters) of the fourth floor among the four-story detached housing of Ulsan-gu, Ulsan-gu, the Defendant owned by the Defendant, and paid the Defendant KRW 50,000,000 for lease on a deposit basis as well as KRW 50,000 for lease on a deposit basis as of September 2, 2010, and completed the registration of the establishment of the lease on a deposit basis.

B. Since then, the contract to establish a right to lease on a deposit basis was made by implied renewal, and the term of existence has not been determined, the Plaintiff notified the Defendant of the extinguishment of the right to lease on a deposit basis on July 2017.

2. According to the above facts of recognition, the above right to lease on a deposit basis has ceased to exist in January 2018 after six months since July 2017, pursuant to Article 313 of the Civil Act, and the Defendant is obliged to pay the Plaintiff KRW 50,000,000 with the return of the deposit money.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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