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1. The Defendant shall pay to the Plaintiff KRW 170,00,000 and the interest rate of KRW 15% per annum from November 23, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. On November 19, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit to be leased by the Plaintiff from November 19, 2012 to November 20, 2014, with respect to the entire 1 and 2nd floor of a unit unit unit on two parcels, other than Gyeonggi-si, Gyeonggi-gu, and Gyeonggi-do, which are owned by the Defendant, for the entire 170,000,000 won, and from November 19, 2012 to November 20, 2014.
B. The Plaintiff resided in the instant house by paying KRW 170 million to the Plaintiff and requested the Defendant to terminate the instant lease agreement and to return the lease deposit on August 15, 2016, but the Defendant has deferred the return of the lease deposit with the new lessee while returning the lease deposit through the lease with the new lessee.
C. Around June 2018, the Plaintiff (around July 2018), and (b) notified the Defendant of his intent to request the return of the lease deposit with the termination of the instant lease agreement. Around July 2018, the Plaintiff delivered the instant house to the Defendant.
[Evidence Evidence: Descriptions of Evidence Nos. 1 through 9 and the purport of the whole pleadings]
2. Judgment on the parties' arguments
A. As to the cause of the claim, Article 6-2 of the Housing Lease Protection Act provides that “if a housing lease contract has been implicitly renewed, the lessee may notify the lessor of the termination of the contract at any time, and the lessor shall take effect upon the expiration of three months from the date of receipt of the notification.” 2) According to the above facts, the instant lease contract was explicitly renewed between the Plaintiff and the Defendant, and it was lawfully terminated on or around October 31, 2018, when three months elapsed from the date of the Plaintiff’s declaration of termination on July 31, 2018. Thus, the Defendant served the Plaintiff with a copy of the complaint of this case sought by the Plaintiff after the date of delivery of the instant house.