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(영문) 수원지방법원 2020.03.05 2019가단539899
보증금반환
Text

1. The Defendant’s KRW 44,532,258 as well as the Plaintiff’s annual rate of KRW 5% from July 17, 2019 to March 5, 2020.

Reasons

1. Facts of recognition;

A. On June 15, 2016, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, setting the lease deposit amount of KRW 50 million, monthly rent of KRW 750,000, and the term of lease from July 20, 2016 to July 19, 2018 (hereinafter “instant lease agreement”).

B. Under the instant lease agreement, the Plaintiff paid KRW 50 million to the Defendant, and occupied and used the leased building of this case to another place on May 28, 2019. The remainder of the lease deposit deducted from the Plaintiff’s monthly payment to the Defendant is KRW 44,532,258.

C. As above, in order to secure the return of the lease deposit, the Plaintiff completed the registration of the Housing Lease (hereinafter referred to as the “registration of the instant lease”) on June 14, 2019 by the Suwon District Court, Sungsung District Court’s registration office, 127860, which was received on June 25, 2019, based on the lease deposit amounting to KRW 50,000,000, the lease deposit amounting to KRW 750,000, the entire building, the lessee, the Plaintiff, and the Suwon District Court’s registration of the leasehold District on June 14, 2019.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 3, 4, and 5, and the purport of the whole pleadings

2. Determination

A. (1) Even after the termination of the instant lease agreement, the Plaintiff continued to reside in and use the leased building, and the Defendant did not raise any special objection thereto.

Therefore, the instant lease was implicitly renewed.

However, since the plaintiff expressed his/her intention to terminate a lease agreement to the defendant on February 27, 2019, it was terminated after the lapse of May 28, 2019, which was three months from February 27, 2019, pursuant to Article 6-2 (2) of the Housing Lease Protection Act.

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