Text
1. At the same time, the Defendant received from the Plaintiff the fourth floor D of Changwon-si, Changwon-si, Changwon-si from the Plaintiff, and at the same time, delivered 70 million won to the Plaintiff.
Reasons
1. On November 7, 2014, the Defendant leased the real estate indicated in the order to the Plaintiff, and set the lease term as two years from November 9, 2014, and the lease deposit as 70 million won. Around that time, the Defendant received the lease deposit.
On May 2019, the Plaintiff expressed his intention to terminate the above lease contract to the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. According to the facts of recognition, the above lease contract is an implied renewal for three times, and in principle, the lease term expires on November 9, 2020.
(Article 6(1) and (2) of the Housing Lease Protection Act. In such cases, a lessee may notify at any time a lessor of the termination of a contract, and such notification shall take effect three months after the date on which the lessor is notified of the termination.
(Article 7(1) and (2) of the Housing Lease Protection Act. Around May 2019, the Plaintiff notified the Defendant of the termination of the contract and the Defendant received it, the said lease was terminated on September 1, 2019 when three months elapsed.
Therefore, the defendant is obliged to return the lease deposit amount of KRW 70 million to the plaintiff simultaneously with the delivery of real estate stated in the order from the plaintiff.
3. For this reason, we accept all the Plaintiff’s claims.