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(영문) 수원지방법원 2019.12.12 2019가단20432
임대차보증금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 155,50,450 and the interest rate of KRW 12% per annum from September 19, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On February 5, 2017, the Plaintiff, from C and D (hereinafter referred to as “C, etc.”) on February 5, 2017, leased deposit amounting to KRW 1550 million, and the term of lease from March 22, 2017 to March 21, 2019, with respect to the third floor F of the multi-family house located in Young-gu E (hereinafter referred to as “instant house”).

B. On March 22, 2017, the Plaintiff paid the full amount of the lease deposit to C, etc., and received the instant house and continued to reside after completing a move-in report to the location of the instant house.

C. On June 28, 2018, the Defendant purchased a multi-family house including the instant house from C, etc., and succeeded to the lessor’s status as to the instant house by completing the registration of ownership transfer in the future of the Defendant on August 10, 2018.

On April 4, 2019, after the lease contract was implicitly renewed, the Plaintiff sent the same month with a content-certified mail containing the content that the lease contract will be terminated.

5. The document was delivered to the Defendant.

E. On August 7, 2019, the Plaintiff brought KRW 502,450 into the instant housing, completed the registration of a housing lease, and removed from the said housing.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9, the purport of the whole pleadings

2. According to the above facts of determination, the instant lease agreement was explicitly renewed from March 2, 2019, which was the day following the expiration date of the lease term, and the Plaintiff notified the termination on April 5, 2019. Thus, the lease agreement was lawfully terminated and terminated on March 5, 2019, which was three months from the date pursuant to Article 6-2 of the Housing Lease Protection Act.

Therefore, the Defendant, upon the termination of the above lease agreement, shall be KRW 155,50,00,000 and KRW 502,450,000,000,000,000,000 for lease deposit following the termination of the above lease agreement, and KRW 502,450 (= KRW 502,450,00,000) and the following day after the date of delivery of a copy of the complaint of this case sought by the Plaintiff after the maturity of payment.

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