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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. The following facts do not conflict between the parties, or may be found in Gap evidence Nos. 1, 2, and 1 by integrating the purpose of the entire pleadings, and there is no counter-proof.
On February 24, 2016, the Plaintiff entered into a lease agreement with the Defendant (hereinafter referred to as “instant lease agreement”) with the Defendant, with the lease term from March 18, 2016 to March 17, 2018, with the lease deposit amount of KRW 10 million, monthly rent of KRW 500,000,000 (hereinafter referred to as “instant lease agreement”).
B. On February 2018, the Plaintiff, while residing in the instant apartment, purchased the said C Apartment D and had time to move into the apartment site, and delivered the instant apartment to the Defendant on May 14, 2018, which was after the expiration of the instant lease agreement.
Meanwhile, the Plaintiff paid only rent to the Defendant until May 17, 2018 with respect to the instant apartment.
C. On September 18, 2018, the Defendant returned only eight million won out of the lease deposit under the instant lease agreement to the Plaintiff.
2. Determination as to the cause of action
A. The Plaintiff’s assertion filed a claim for the return of KRW 2,241,650, in total, KRW 2 million and KRW 2,241,650, in total, incurred by the Plaintiff during the period from March 18, 2016 to May 30, 2018, among the above lease deposit that the Defendant did not return to the Plaintiff.
(b) (1) If the lessor fails to notify the lessee of the refusal of the renewal, or to notify the lessee that he/she would not renew the contract without any change in the terms and conditions, six months to one month before the term of the lease expires, the lease shall be deemed to have been renewed under the same conditions as the former one at the time the term expires;
The same shall also apply where a lessee fails to notify one month before the lease period expires.
(Article 6 (1) of the Housing Lease Protection Act). In such cases, the term of lease shall be.