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(영문) 인천지방법원부천지원 2019.01.16 2018가단107246

보증금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff, on June 13, 2013, leased real estate stated in the purport of the claim from the Defendant from the Defendant during the period of KRW 110,00,00, and the period from July 12, 2013 to July 11, 2015, and the fact that the period was renewed on July 2015 is no dispute between the parties.

2. Determination

A. First, as the Plaintiff notified the Defendant of the rejection of renewal on May 201, 201, before the expiration of the renewed lease agreement, it is insufficient to recognize the fact that the Plaintiff notified the Plaintiff of the rejection of renewal only by the evidence of the Plaintiff’s submission, and there is no other evidence to acknowledge it.

B. Next, even if the lease contract is renewed again, the Plaintiff, a lessee, may terminate the lease contract at any time pursuant to Article 6-2 of the Housing Lease Protection Act. Thus, the Plaintiff’s assertion that the lease contract is terminated by serving a duplicate of the complaint in this case. Thus, it is clear that the duplicate of the complaint in this case, stating the Plaintiff’s declaration of termination of the lease contract, was served on the Defendant on or around May 10, 2018, in light of the following circumstances, the Plaintiff’s termination of the lease contract and seeking the return of the deposit money is clearly unfair, and it is not permissible as an abuse of rights, since it is obviously contrary to the justice and is not acceptable for social life.

(1) On May 25, 1994, the Plaintiff reported marriage with Nonparty D and two children under the chain.

(2) Around January 2016, D became aware of the fact that the Plaintiff was committing an unlawful act, such as exchanging and communicating with E and communicating with E, and that there was a serious horse, dispute, and body fighting between the Plaintiff and D on January 30, 2016.

(3) On February 1, 2016, the Plaintiff was in a separate zone with D and D, and around the 16th day of the same month, the father-Support 2016ddan100426 of the Incheon Family Court.