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(영문) 부산지방법원 2016.05.11 2016가단301321
임대차보증금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. On December 14, 201, the Plaintiffs concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant and Yongsan-gu Seoul Metropolitan Government as KRW 30,000,000 for the lease deposit and the term of lease from January 30, 2012 to January 29, 2013; KRW 300,000 for the rent; and KRW 30,000 for the management fee (prepaid and payment on the 30th day of each month); and paid the Defendant KRW 30,000 for the lease deposit.

B. The instant lease agreement became an implied renewal after it was concluded.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The Plaintiffs asserted that the instant lease contract was lawfully terminated by notifying the Plaintiffs of the termination of the lease contract prior to several months prior to the expiration of the lease term by notifying the Defendant that they would not renew the instant lease contract more than several times in 2015, and thus, the Defendant is obligated to return the lease deposit KRW 30,000,000 to the Plaintiffs.

B. According to Article 6-2(1) and (2) of the Housing Lease Protection Act, where a lease contract is implicitly renewed, the lessee may notify the lessor of the termination of the contract at any time, and the termination shall take effect when three months elapse from the date the lessor is notified of the termination.

The written evidence No. 3-1 and No. 2 is insufficient to acknowledge that the Plaintiffs notified the Defendant of the termination of the instant lease agreement several times on or around 2015, and there is no other evidence to prove otherwise.

Meanwhile, according to the above evidence, even though the plaintiff B sent a text message to the effect that "the security deposit is returned to the defendant's cell phone at the end of December" from the defendant's cell phone, it is acknowledged, but in order to recognize the obligation to return the security deposit to the defendant according to the notification of the cancellation of the lease contract by the tenant before the expiration of the lease period, the above text message is made until September 2015 by the plaintiff B.

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