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(영문) 인천지방법원부천지원 2015.05.13 2014가합8874
전세금반환
Text

1. The defendant shall pay the plaintiff KRW 130,000,000.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Indication of claim;

A. On June 19, 2012, the Plaintiff, from C, leased D 402 (hereinafter “instant housing”) owned by the Plaintiff as the lease deposit amount of KRW 130 million and the lease term from July 26, 2012 to July 25, 2014 (24 months).

(hereinafter “instant lease agreement”). B.

On July 24, 2012, the Plaintiff moved into the instant house and completed the move-in report on the same day.

C. After that, the registration of ownership transfer was completed on November 13, 2012 regarding the instant housing on September 5, 2014.

On the other hand, on June 23, 2014, the Incheon District Court rendered a voluntary decision to commence the auction of the housing of this case to the Busan District Court Vice-SupportF, and on November 11, 2014, the said decision was revoked.

E. On September 5, 2014, after the expiration of the lease term of this case, the Plaintiff expressed to the Defendant his intent to terminate the instant lease contract several times from September 5, 2014, and requested to return the lease deposit KRW 130 million. However, the Defendant did not comply therewith.

F. Therefore, the instant lease agreement was explicitly renewed after the expiration of the lease term, and its termination was terminated on December 6, 2014, which was the date three months elapsed from September 5, 2014, following the Plaintiff’s notice of termination of the contract on September 5, 2014 (Articles 6(1) and 6-2 of the Housing Lease Protection Act), and thus, the Defendant is obliged to pay the Plaintiff KRW 130 million of the lease deposit.

2. Article 208 (3) 3 of the Civil Procedure Act of the applicable Act;

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