logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.01.26 2015가단10537
임대차보증금반환
Text

1. The defendant shall deliver real estate stated in the separate sheet from the plaintiff to the plaintiff simultaneously with KRW 18,036,684.

Reasons

1. Facts of recognition;

A. On July 29, 2010, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with regard to the real estate listed in the separate sheet (hereinafter “instant housing”) with the Defendant, setting the deposit amount of KRW 20,000,000, and the term of lease from July 30, 2010 to July 29, 2012.

B. The Plaintiff paid 20,000,000 won to the Defendant by July 30, 2010, and received the instant house from the Defendant around that time.

B. The instant lease agreement was renewed once, and the Plaintiff notified the Defendant of the absence of an intention to renew the instant lease agreement, around July 2014.

[Ground of recognition] Unsatisfy, entry of Gap 1, 2, and 4 evidence, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to Articles 6-2 and 6(1) of the Housing Lease Protection Act regarding the determination on the claim for the return of deposit for lease, the lessee may at any time notify the lessor of the termination of the contract in the case of an implied renewal, and the termination becomes effective upon the lapse of three months from the date the lessor is notified of the termination. Thus, the lease contract in this case is deemed terminated upon the expiration of three months from the date the Plaintiff notified the termination of the contract.

Therefore, the Defendant is obligated to pay KRW 20,000,000 to the Plaintiff, barring special circumstances.

B. The Plaintiff asserts that the Plaintiff paid KRW 3,000,000 to the repair cost of the instant house during the term of lease, and sought payment of KRW 3,000,000 to the Defendant.

The Plaintiff repaired the instant housing solely on the basis of the evidence Nos. 3 and 8

3,00,000 won is insufficient to be recognized as having been disbursed at the repair expense, and there is no other evidence to acknowledge this otherwise, the plaintiff's claim for this part is without merit.

3. Judgment on the defendant's defense

A. The defendant's defenses to deduct the cost of restoration to the original state shall extend to the plaintiff during the term of lease.

arrow