logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2019.11.29 2019가합715
제세보증금반환
Text

1. The defendant shall pay 310,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On December 30, 2015, the Plaintiff entered into a lease agreement with the Defendant to lease C Apartment D (hereinafter “instant apartment”) with a lease deposit of KRW 310,00,000,00 and the lease term of KRW 310,000 from January 29, 2016 to January 28, 2018 (hereinafter “instant lease agreement”). At that time, the Plaintiff paid KRW 310,000,000 to the Defendant.

B. The Plaintiff resided in the instant apartment in accordance with the instant lease agreement, and the instant lease agreement was implicitly renewed around January 28, 2018.

C. Since January 28, 2019, the Plaintiff expressed his intent to terminate the instant lease agreement to the Defendant several times from January 28, 2019, and demanded the return of the said lease deposit.

【Reasons for Recognition】 Each entry of the evidence (including partial numbers) of subparagraphs A through 4 (including the purport of the whole pleadings)

2. According to the above findings, the instant lease was implicitly renewed, and even if the lease was implicitly renewed, the lessee may notify the lessor of the termination of the contract at any time, and in such case, the termination of the lease becomes effective upon the lapse of three months after the date when the lessor was notified of the termination. Thus, the instant lease contract was lawfully terminated on April 28, 2019 after three months from the date when the Defendant was notified of the termination.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 310,000,000 as lease deposit upon the termination of the instant lease agreement.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

arrow