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(영문) 부산지방법원서부지원 2017.11.03 2017가단2708
임대차보증금반환
Text

1. The defendant shall pay the plaintiff KRW 40,000,000.

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

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On January 2, 2014, B, the Plaintiff leased 302 units (hereinafter “instant units”) among D, a detached house of the fourth floor of the Busan Seo-gu C (hereinafter “instant building”), which is owned by B, from January 2, 2014, for a fixed period of KRW 40,000,000, and one year.

B. Around that time, the Plaintiff paid the foregoing rental deposit, and completed resident registration with the delivery of the instant heading, and began to reside therein, and thereafter the lease contract has been implicitly renewed.

C. On February 17, 2014, the registration of ownership transfer for the reason of the trust was completed under the name of the Defendant. D.

On November 30, 2016, the Plaintiff: (a) did not intend to extend the term of the lease agreement to the Defendant; and (b) sent a document verifying the intent to demand the return of the lease deposit; and (c) served the Defendant on December 1, 201.

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap 1 through 4, the purport of whole pleadings

2. According to the above facts of determination, the instant lease agreement was lawfully terminated on March 2, 2017 after three months from the time when the certificate of content that contained such intent was delivered to the Defendant upon the Plaintiff’s declaration of intent to terminate the contract (see Article 6-2(1) and (2) of the Housing Lease Protection Act). Thus, the Defendant who succeeded to the lessor’s status is obligated to refund the deposit deposit amount of KRW 40,00,000 to the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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