임대차보증금
1. Of the judgment of the court of first instance, the Plaintiff’s KRW 630,00 and its related amount are annually from January 3, 2019 to February 13, 2020.
1. Basic facts
A. On July 31, 2008, the Plaintiff entered into a lease agreement with D, the owner of the building on the ground of Yongsan-si C, Changwon-si (hereinafter “instant building”) on the lease of two rooms among the first floor of the said building (hereinafter “instant lease object”) (hereinafter “instant lease agreement”) as between July 31, 2008 and 12 months from July 31, 2008, the lease deposit amount of KRW 3,000,000, and the rent of KRW 150,000 per month (hereinafter “instant lease agreement”).
B. Since the instant lease agreement was renewed every year and renewed until July 31, 2017, and the Defendant, the wife of D, completed the registration of ownership transfer on August 5, 2009 on the instant building due to an inheritance by consultation or division on July 3, 2009.
C. On March 8, 2018, the Plaintiff filed for the registration of housing lease with the Changwon District Court Branch Branch 2018Kaman12 against the Defendant, and received the said court’s decision on the order of lease registration of housing on April 4, 2018.
On April 9, 2018, the Defendant paid KRW 2,000,000 to the Plaintiff out of the lease deposit.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, 7, Eul's 6, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion indicates the Defendant’s intention to terminate the instant lease agreement and delivered the instant leased object to the Defendant on March 30, 2018, when the Plaintiff used the leased object, which was implicitly and explicitly renewed from July 31, 2009, pursuant to the instant lease agreement. As such, the Defendant is liable to pay KRW 1,00,000 after deducting KRW 2,000,000, out of the deposit for lease, and delay damages therefrom.
B. On March 28, 2018, the Plaintiff asserted by the Defendant: (a) indicated the Defendant’s intent to terminate the instant lease agreement; and (b) the said lease agreement was terminated on or after the end of June 2018, which is three months thereafter; (c) accordingly, from KRW 1,00,000 to KRW 450,000 for a three-month period; and (b).