logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2018.05.31 2017가단56327
임대차보증금
Text

1. The Defendant’s KRW 89,950,00 for the Plaintiff and 5% per annum from February 7, 2018 to May 31, 2018.

Reasons

1. Facts of recognition;

A. On February 26, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, with regard to the lease deposit amounting to KRW 155 million with respect to the leased housing of KRW 377 square meters in Gyeyang-gun, Gyeonggi-do, the Defendant-owned, and its ground reinforced concrete structure, and 76.66 square meters in single-story 1st floor, 2nd floor, and 46.03 square meters in multi-story 2 roof (hereinafter “instant housing”). The lease agreement was concluded between April 13, 2012 and April 13, 2013 (hereinafter “instant lease agreement”).

B. While the instant lease agreement was implicitly renewed between the Plaintiff and the Defendant, the Plaintiff sent to the Defendant a certificate that contains an expression of intent to terminate the instant lease agreement, around June 7, 2017.

C. The Plaintiff retired from the second floor of the instant housing, and received 45 million won out of the deposit for lease from the Defendant around September 2013.

After receiving the above content certification, the Defendant returned 20 million won out of the lease deposit remaining to the Plaintiff on October 17, 2017 and October 20, 2017.

The Plaintiff transferred the instant land and housing to the Defendant, and completed the lease registration on November 1, 2017 with the remaining lease deposit of KRW 90 million.

E. Article 6-2 of the Housing Lease Protection Act provides for the following:

(2) Termination pursuant to paragraph (1) shall become effective when three months have elapsed from the date on which the lessor is notified of the termination of the contract, notwithstanding paragraph (2) of the same Article, if the contract is renewed pursuant to paragraph (1) of the same Article.

) Each description of Eul evidence 2, Gap evidence 1 (as referred to in Eul evidence 1)

(i) Partial entry and the purport of the whole pleadings

2. Judgment on the parties' arguments

A. According to the facts of the determination on the cause of the claim, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination, a lessee, around September 7, 2017.

arrow