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(영문) 창원지방법원진주지원 2020.02.13 2019가단4676
임대차보증금 반환
Text

1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time. 35,000,000 won shall be applied to the plaintiff.

Reasons

1. Facts of recognition;

A. On March 13, 2007, the Defendant leased the real estate indicated in the attached list (hereinafter “instant real estate”) to the Plaintiff.

The original Defendant agreed to deposit KRW 35,00,000, and the term of lease from April 20, 2007 to April 19, 2009 respectively. The Plaintiff paid KRW 35,000,000 to the Defendant around that time.

B. The original Defendant’s lease on the instant real estate was implicitly renewed every two years since 2009, and was explicitly renewed on April 20, 2019.

C. On May 9, 2019, the Plaintiff declared that the lease agreement on the instant real estate is terminated, and the content-certified mail stating the Plaintiff’s declaration of intent to terminate the contract reaches the Defendant on May 10, 2019.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. Determination

(a) Where a housing lease contract is implicitly renewed, the lessee may notify the lessor of the termination at any time, and the termination shall take effect three months after the lessor is notified of such termination;

(Article 6-2 of the Housing Lease Protection Act)

In this case, since the lessor, who was the lessor, was notified of the termination of the contract on May 10, 2019, the lease contract which was implicitly renewed was terminated on August 10, 2019.

C. Therefore, the Defendant, a lessor, is obligated to pay KRW 35,00,000 to the Plaintiff simultaneously with the delivery of the instant real estate from the Plaintiff, the lessee, at the same time.

3. Conclusion, the plaintiff's claim of this case is accepted as reasonable.

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