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1. At the same time, the defendant delivered 109 Dong-dong 402 from the plaintiff to the plaintiff, and at the same time, 129,847.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff asserted that the Plaintiff leased the Plaintiff’s KRW 180,000,00 from the Defendant for lease deposit to KRW 180,000,00,000 (hereinafter “instant real property”). As the instant lease contract had already been terminated, the Defendant shall refund the lease deposit amount of KRW 180,000,000 to the Plaintiff.
B. In full view of the purport of the entire pleadings in evidence Nos. 1 and 2, the Defendant, on November 5, 2009, leased the instant real estate to the Plaintiff without setting the lease term, and the Defendant, on November 12, 2009, received KRW 142,820,000 from the Plaintiff as the lease deposit, and on July 26, 2016, it is recognized that the Plaintiff’s duplicate of the complaint containing the Plaintiff’s declaration of intent to terminate the instant lease contract has reached the Defendant on July 26, 2016.
Therefore, the instant lease contract is a contract with no fixed period of time, which is implicitly renewed, and is terminated on October 26, 2016 after three months from the date when the lessee’s termination of the contract was notified (see Article 6-2(1) and (2) of the Housing Lease Protection Act). Therefore, the Defendant is obliged to pay the Plaintiff KRW 142,820,000.
(A) The Plaintiff asserted that the Plaintiff paid KRW 180,000 to the Defendant the lease deposit, but the evidence alone, which is insufficient to acknowledge the payment, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s assertion on the portion exceeding KRW 142,820,000 is without merit).
2. Judgment on the defendant's assertion
A. Defendant’s assertion 1) Since the Plaintiff did not pay KRW 37,180,00 among the lease deposit, the Plaintiff ought to deduct interest from the lease deposit to be returned by the Defendant from November 5, 2009 to October 27, 2016. (2) The Defendant’s obligation to return the lease deposit is in the simultaneous performance relationship with the Plaintiff’s obligation to deliver the instant real estate.
B. Determination 1 made by the Plaintiff.