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(영문) 서울서부지방법원 2015.08.21 2015나30361
임대차보증금
Text

1. The part against the defendant in the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.

2...

Reasons

1. Basic facts

A. On August 16, 2008, the Plaintiff entered into a lease agreement with C on the lease deposit of KRW 10,000,000, monthly rent of KRW 260,000, and from August 30, 2008 to August 29, 2010, with respect to the lease deposit of KRW 10,000,000, monthly rent of KRW 260,000, and the lease term of KRW 260,000, from August 30, 2008, under the foregoing conditions as above, from August 30, 201 to August 29, 201.

B. Since then, the Plaintiff and C agreed to increase the deposit on August 16, 201, and concluded a lease agreement with the lease deposit of KRW 36,00,000, and the lease term of KRW 16,000 from August 16, 201 to October 15, 2012.

C. The Defendant, including the instant real estate, received the registration of ownership transfer from C on March 2, 2012 due to the sale on September 21, 2011, for five-story neighborhood living facilities and detached houses of reinforced concrete structure in Gwanak-gu, Seoul Special Metropolitan City, which included the instant real estate.

On March 22, 2013, the Plaintiff registered the right to lease housing of KRW 36,00,000 on March 27, 2013, on the five-story neighborhood living facilities and detached houses of the Seoul Special Metropolitan City D D ground reinforced concrete building in accordance with the order of lease registration of the Seoul Special Metropolitan City Central District Court.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. Determination:

A. 1) The head of the State: (a) the Plaintiff notified the Defendant of the termination of a lease agreement on November 2012; or (b) notified the Plaintiff of the termination of a lease agreement on March 2013, 2013 by calling the Plaintiff to return the deposit money to the Defendant; (c) thus, the Plaintiff alleged that the lease agreement was terminated at least three months after the expiration of the period of three months under the Housing Lease Protection Act; and (d) the Defendant concluded a lease agreement with the Plaintiff for an oral two-year period around October 15, 2012, and the lease agreement was terminated on October 2014, 2012.

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