(영문) 수원지방법원 여주지원 2018.03.27 2017가단56822

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(영문) 수원지방법원 여주지원 2018.03.27 2017가단56822

임대차보증금

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1. The Defendant’s KRW 5,688,400 and its amount shall be 5% per annum from July 21, 2017 to March 27, 2018 to the Plaintiff.

Reasons

Facts of recognition

On May 23, 2011, the Plaintiff and the Defendant entered into a lease agreement with the Defendant on May 30, 201, the period from May 30, 2013 to October 15, 2013 with respect to the Changwon-si B apartment 101 and 702 (hereinafter “instant housing”) owned by the Defendant (hereinafter “instant lease agreement”). The Plaintiff acquired the said housing from the Defendant after fully paying the rental deposit at around that time.

Since then, the instant lease agreement was renewed three times, and its period was extended to October 15, 2016, and the said lease agreement was explicitly renewed on October 15, 2016, since both the Plaintiff and the Defendant did not raise any objection to the renewal.

On December 26, 2016, the Plaintiff notified the Defendant of the termination of the instant lease agreement.

On June 14, 2017, the Plaintiff completed the registration of housing lease on the instant housing, and delivered the instant housing to the Defendant on July 20, 2017.

(Reasons for recognition) Facts without dispute, entries in Gap evidence 1 through 5 (including each number), and the purport of the whole pleadings.

The Plaintiff’s assertion that the instant lease agreement was terminated on March 25, 2017 due to the Plaintiff’s notice of termination, and the Plaintiff delivered the instant house to the Defendant on July 20, 2017. As such, the Defendant is obliged to pay the Plaintiff the lease deposit amount of KRW 55,80,000 and the delay damages therefrom from July 21, 2017.

From December 2, 2016 to October 2017, the Plaintiff did not pay rent of KRW 1,393,850 for management expenses, and the Plaintiff did not pay KRW 2,00,000 for the repair cost of the instant house during the lease period, and the Plaintiff incurred KRW 275,000 for the repair cost of the instant house, for remote areas, KRW 875,00 for the repair cost of the instant house, and for the installation cost of the passage for fire prevention expenses.

These costs must be deducted from the deposit to be returned to the defendant.

Judgment

According to Article 6-2 of the Housing Lease Protection Act, a housing lease contract is implied.

참조조문

-주택임대차보호법 제6조의2

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