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1. The Defendant: (a) KRW 17,544,150 to Plaintiff A; and (b) KRW 17,500,000 to Plaintiff B; and (c) as to each said money, from June 21, 2014 to June 2015.
Reasons
1. Basic facts
A. D determined on July 17, 201, a deposit of KRW 35 million, and the period from August 20, 201 to August 19, 201, 201, and leased the first E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-
B. D’s death on March 18, 2014, when the instant lease agreement was in progress, and the Plaintiffs succeeded to D’s property each half of the shares.
C. On March 20, 2014, the Plaintiffs notified the Defendant of the termination of the instant lease agreement, and delivered the instant real estate, and the Plaintiff A, on February 26, 2015, incurred KRW 44,150 when registering the right to lease the instant real estate.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 3, and 7, and the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts, the instant lease agreement was explicitly renewed on August 20, 2013, and the Plaintiffs who succeeded to the lessee status of the instant lease agreement notified the Defendant of the termination of the instant lease agreement on March 20, 2014. As such, the instant lease agreement was terminated on June 20, 2014.
B. As to this, the Defendant asserted that the instant lease contract was extended on July 17, 2015 because the Plaintiffs did not refuse to renew the contract, but in the case of implied renewal, the lessee may notify at any time the lessor of the termination of the contract, and such termination becomes effective three months after the date when the lessor received the notification (Article 6-2 of the Housing Lease Protection Act), and the Defendant’s assertion is rejected.
C. Therefore, the Defendant: (a) KRW 17,544,150 to Plaintiff A (a deposit of KRW 35,000,000 x KRW 1/2 lease registration expenses of KRW 44,150); (b) KRW 17,50,000 to Plaintiff B (i.e., deposit of KRW 35,00,000 x 1/2); and (c) as to each said money from June 21, 2014 to February 12, 2015, which is the day following the termination of the instant lease agreement.