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(영문) 서울중앙지방법원 2014.05.01 2013가합75248
임대차보증금반환
Text

1. The defendant takes over the real estate stated in the separate sheet from the plaintiff at the same time, 500,000 won to the plaintiff.

Reasons

1. Facts of recognition;

A. On February 15, 2007, the Plaintiff entered into a lease contract with C by setting the lease deposit amount of KRW 500,000,000 as well as the lease term from April 17, 2007 to April 16, 2009 (hereinafter “instant lease contract”), and paid KRW 500,000,000 to C.

B. Around that time, the Plaintiff received the instant apartment from C, and resided after completing resident registration with the instant apartment as his/her address.

Since then, the instant lease contract has been implicitly renewed.

C. On November 25, 2010, the Defendant received the donation of the instant apartment from C, and completed the registration of ownership transfer for the instant apartment based on the said donation on the same day.

On October 1, 2013, the Plaintiff sent to the Defendant a document to the effect that “the Plaintiff, as the Plaintiff had terminated the instant lease contract, requested the return of the deposit for lease, but the Defendant refused to do so.” As such, the Plaintiff sent the document to the Defendant by content-certified mail, stating that “it shall take legal procedures, such as an auction, without returning the deposit for lease by October 8, 2013.” The document reached the Defendant around that time.

[Reasons for Recognition] Each entry of Gap 1, 2, 5, and 8 (including each number, if any) and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of claim, the instant lease agreement was terminated around January 1, 2014 when three months passed since the date when the letter of content-certified mail, which contained the Plaintiff’s declaration of intent to terminate the instant lease agreement, was delivered to the Defendant (see Article 6-2(2) of the Housing Lease Protection Act). As such, the Defendant who acquired the ownership of the instant apartment and succeeded to the lessor’s status under the instant lease agreement by acquiring the ownership of the instant apartment, is subject to the Plaintiff’s delivery of the instant apartment as sought by the Plaintiff.

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