(영문) 부산지방법원 2019.10.04 2019나170 | 리걸엔진

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(영문) 부산지방법원 2019.10.04 2019나170

임대차보증금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On Oct. 1, 2002, the Plaintiff entered into a lease agreement with the Defendant on Oct. 1, 2002, with the condition that one column of the second floor of the Busan Maritime Daegu C Ground Building (hereinafter “instant housing”) was leased with the lease deposit amount of KRW 12 million, and the lease term of KRW 24 months (hereinafter “instant lease agreement”). The Plaintiff started to move-in report and reside in the instant housing on Oct. 2, 2002 after paying the above lease deposit to the Defendant.

B. While the instant lease contract was implicitly renewed, the Plaintiff moved from the second floor to the first floor of the instant house around April 2007.

Even after the renewal of the instant lease agreement, the Plaintiff continued to maintain it, and the Plaintiff removed from the instant housing around December 3, 2017.

(However, the report on transfer was completed as of December 5, 2017). [Reasons for recognition] The fact that there is no dispute, entry of evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. According to the facts of the determination as to the cause of claim, at least the Plaintiff appears to have notified the Defendant of the termination of the instant lease agreement at least at the time of leaving the first floor of the instant house, and pursuant to Article 6-2 of the Housing Lease Protection Act, where the lease agreement is implicitly renewed, the lessee may notify at any time the termination of the contract, and the termination shall take effect three months after the lessor is notified of such termination. Therefore, it is reasonable to deem that the instant lease agreement was terminated at least three months after the date of leaving the Plaintiff, on March 2018.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the lease deposit of KRW 12 million and delay damages for the lease deposit upon the termination of the instant lease agreement.

3. Judgment on the defendant's assertion of mutual aid

A. The Defendant’s assertion 1 was that the Plaintiff moved from the second floor of the instant housing to the first floor, and was between the Plaintiff and the Defendant at the time of the change in the leased object of the instant lease.

참조조문

-주택임대차보호법 제6조의2

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