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(영문) 수원지방법원 2015.01.22 2014나4221
전세금반환청구
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 50,000,000 as well as to the plaintiff on August 2014.

Reasons

1. Basic facts

A. On April 25, 2005, the Plaintiff entered into a lease contract with the Defendant, setting the lease deposit amount of KRW 40,000,000 as well as the lease deposit period from May 26, 2005 to May 25, 2007 (hereinafter “instant lease contract”), and paid the above lease deposit to the Defendant at around that time, and entered into a contract for the use of the house for support of the instant house with C, who is a person eligible for support, and C moved into the building of this case along with his money.

B. On July 10, 2007, the Plaintiff extended the lease term of the instant lease agreement with the Defendant for the instant housing until May 25, 2009, and increased the lease deposit to KRW 50 million.

C. Since then, the instant lease agreement was impliedly renewed on a two-year basis, and after the death of the said D around 201, C did not reside in the instant building.

On October 19, 2012, the Plaintiff notified the Defendant of the termination of the instant lease agreement.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 4 (including each number), Eul evidence 1, the purport of the whole pleadings

2. According to the above facts, the above lease contract is a lease contract for residential buildings stipulated in Article 2 of the Housing Lease Protection Act. If the contract is implicitly renewed, the lessee may notify at any time the lessor of the termination of the lease contract, and the termination of the contract becomes effective three months after the date when the lessor is notified of such termination (see Article 6-2 of the Housing Lease Protection Act). Thus, the above lease contract is concluded against the Defendant by the Plaintiff.

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