(영문) 춘천지방법원원주지원 2020.05.20 2020가단17

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(영문) 춘천지방법원원주지원 2020.05.20 2020가단17

임대차보증금

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1. The defendant shall pay 45,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Basic facts

A. On May 22, 2015, the Plaintiff entered into a lease agreement with C by setting the lease deposit amount of KRW 45 million with respect to the multi-family housing of KRW 70,000,000 among multi-family housing of KRW 2,00,000,000,000 from June 1, 2015 to May 31, 2017 (hereinafter “instant lease agreement”), and around that time, paid KRW 45,00,000 as the lease deposit to the said C.

B. On December 30, 2016, the Defendant succeeded to the lessor’s status of the instant lease agreement as the ownership of the instant house was transferred from C.

C. On May 14, 2019, the Plaintiff notified the Defendant that the instant lease contract will be terminated, and the Defendant received the notification on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. According to the facts found in the judgment on the cause of the claim, it shall be deemed that the instant lease contract was terminated and terminated around August 14, 2019 after three months from May 14, 2019, when the Defendant, a lessor, was notified of the termination of the contract by the Plaintiff, the lessee. Therefore, barring any special circumstance, the Defendant is obliged to pay the Plaintiff KRW 45 million.

B. The defendant's assertion argues that since the plaintiff requested the return of the security deposit only after the expiration of the implied renewal period, the lease contract of this case was extended by 2 years until May 31, 2021, the lease contract of this case cannot be complied with the plaintiff's request.

In the case of a house lease, if the lessee fails to notify the lessee of the refusal of the renewal or to notify the lessee that he/she will not renew without any change in the conditions by one month before the expiration of the lease term, the lease shall be deemed to have been renewed under the same conditions as the previous lease at the expiration of the lease term. In this case, the lease term shall be two years.

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