(영문) 인천지방법원 2019.06.12 2018가단259977

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(영문) 인천지방법원 2019.06.12 2018가단259977

전세금반환 등 청구의 소

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1. The defendant shall deliver the second floor E of the building D from the plaintiff to the plaintiff, and at the same time 53,000.

Reasons

1. Facts of recognition;

A. On March 5, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the second floor E of the Nam-gu Incheon Metropolitan Government (hereinafter “instant real estate”) with respect to the lease deposit amounting to KRW 50 million, and the period from April 27, 2015 to April 27, 2017, the Plaintiff occupied and used the instant real estate after paying a deposit amount of KRW 50 million to the Defendant.

B. On June 30, 2017, after the termination of the above lease agreement, the Plaintiff paid the Defendant a deposit of KRW 3 million to renew the lease agreement.

On September 8, 2018, the Plaintiff demanded that the deposit be returned by September 20, 2018 when notifying the Defendant of the termination of the lease contract.

C. As to this, the Defendant notified the Defendant of its refusal on the ground that the contract period still remains.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of claim, the plaintiff and the defendant agreed to increase the deposit amount to KRW 53 million after the termination of the period of the instant lease agreement and did not separately set the period of renewal of the lease agreement. Thus, the period of one-time agreement is deemed two years (the main sentence of Article 4(1) of the Housing Lease Protection Act), but the lessee may assert that the period of less than two years is valid (the proviso to Article 4(1) of the Housing Lease Protection Act). Thus, the plaintiff may assert that the period of less than two years is a non-determined lease agreement.

In addition, in such a case, the notification of the termination of the lease becomes effective three months after the date when the lessor received the notification (Article 6-2(2) of the same Act by analogy), and the instant lease contract was terminated on December 8, 2018 after three months from the date when the notification of the termination of the lease was delivered to the defendant.

Therefore, the defendant shall deposit money with the plaintiff simultaneously with the delivery of the instant real estate from the plaintiff.

참조조문

-주택임대차보호법 제4조 제1항

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