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1. The defendant shall receive KRW 95,000,000 from the plaintiff and at the same time real estate stated in the attached Table from the plaintiff.
Reasons
1. Basic facts
A. On September 22, 2008, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”).
B. On October 10, 2011, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with each of the terms of the instant apartment from October 25, 201 to October 24, 2013, and the deposit amount of KRW 95,000,000, respectively.
C. The Defendant paid KRW 95,00,000 to the Plaintiff around that time, and the Plaintiff delivered the instant apartment to the Defendant around that time.
Since then, the instant lease agreement was explicitly renewed on October 2013 and October 2015 on two occasions, respectively.
E. Meanwhile, on August 14, 2017, the Plaintiff sent to the Defendant a document that contains the intent to refuse the renewal of the instant lease agreement by content-certified mail, and at that time the document was served to the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of claim, the instant lease agreement became an implied renewal twice, and the lease term under each of the above renewal pursuant to Article 6(1) and (2) of the Housing Lease Protection Act shall be two years, respectively, and on August 14, 2017, which belongs to the period from six months to one month before the expiration date of the last renewed lease agreement, the Defendant expressed his/her intent to refuse the renewal of the instant lease agreement to the Defendant on August 14, 2017. Thus, the instant lease agreement was finally terminated on October 24, 2017. Unless any other special circumstance exists, the Defendant is obliged to return the said lease deposit KRW 95,00,000 from the Plaintiff as requested by the Plaintiff, and at the same time, deliver the instant apartment, which is the object of lease, to the Plaintiff.
As to this, the defendant is entitled to the refund of the lease deposit from the plaintiff first, and one week thereafter.