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Reasons
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(영문) 대구지방법원 김천지원 2021.01.27 2020가단3198
임대차보증금반환
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1. The defendant shall pay 85,000,000 won to the plaintiff. 2. The defendant shall bear the costs of lawsuit.

3.Paragraph 1.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1-1, 2, and Gap evidence No. 2-12.

A. On June 25, 2018, the Plaintiff entered into a lease agreement with C to lease the lease deposit amounting to KRW 85,00,000, and the lease period from July 12, 2018 to July 11, 2020 (hereinafter “instant lease agreement”). (b) On September 26, 2019 during the lease term of the instant lease agreement, the Defendant entered into the registration of the transfer of ownership on the ground of “sale on September 25, 2019,” and succeeded to the lessor’s status under the instant lease agreement.

(c)

On August 31, 2020, the instant lease agreement was renewed. On September 8, 2020, the Plaintiff sent to the Defendant a certificate of the content of claiming the return of the lease deposit on the ground of the termination of the instant lease agreement, and sent the same certificate to the Defendant’s spouse on September 8, 2020, and around September 23, 2020, the Plaintiff sought the return of the lease deposit by telephone to the Defendant for the reason of the termination of the instant lease agreement, and subsequently, declared the Defendant to terminate the instant lease agreement.

2. According to the facts of the determination on the cause of the claim, since the instant lease contract was renewed, the termination of the lease contract became effective upon the lapse of three months from the time when the Plaintiff’s declaration of termination of the lease contract was served on the Defendant pursuant to Article 6-2 of the Housing Lease Protection Act.

Therefore, the Defendant is obligated to pay 85,000,000 won to the Plaintiff the lease deposit under the instant lease agreement.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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