(영문) 광주지방법원 2019.05.02 2018나4181 | 리걸엔진

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(영문) 광주지방법원 2019.05.02 2018나4181

임대차보증금반환 등

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On March 23, 2015, the Plaintiff entered into a lease agreement between the Defendant and the retail store of the first floor of multi-family house located in Gwangju-gu (hereinafter “instant commercial building”), which is KRW 30,000,000, monthly rent of KRW 500,000, monthly rent of KRW 300,000, and the lease period of the instant lease agreement until February 20, 2016 (hereinafter “instant lease agreement”), and the said lease agreement was explicitly renewed.

B. On October 12, 2017, the Plaintiff notified the Defendant that the instant lease agreement will be terminated, and the said notification was served on the Defendant on October 17, 2017.

C. On April 25, 2018, the Defendant returned KRW 29,000,000 to the Plaintiff out of the lease deposit, and the Plaintiff sent the keys to the instant commercial building to the Defendant on the same day and handed over the instant commercial building.

[Ground of recognition] Facts without dispute, Gap 1 through 3, 8 through 11, and 13 evidence (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the lease contract in this case appears to have been terminated on January 17, 2018 after three months have elapsed since the plaintiff notified the defendant of the termination of the contract (see Article 10(5) of the Commercial Building Lease Protection Act (hereinafter "the Commercial Building Lease Protection Act"), and barring any special circumstance, the defendant is obligated to refund the lease deposit amount of KRW 30 million to the plaintiff, and the defendant is obligated to refund the unpaid lease deposit of KRW 1,000,000,000 among them, since there is no dispute between the parties, and the defendant has a duty to refund the unpaid lease deposit of KRW 1,00,000 and delay damages therefor to the plaintiff.2) Accordingly, the defendant is obligated to return the unpaid lease deposit of KRW 1,00,000,000,000,0000, which is the difference from the above lease deposit to the effect that the amount of KRW 1,000,000 should be deducted from the above lease deposit without any legal ground.

참조조문

-상가건물 임대차보호법 제10조 제5항

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