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(영문) 창원지방법원 2018.03.22 2017가합1066
임대차보증금반환
Text

1. The defendant shall pay to the plaintiff KRW 25 million.

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

3.Paragraph 1.

Reasons

1. The Plaintiff, who indicated the claim, concluded a lease contract with D with the owner of Chang-gu, Chang-gu, Seoul Special Metropolitan City, with the term of lease from October 1, 2014 to September 30, 2016, setting the lease deposit amount of KRW 2.5 million, and thereafter the said contract was explicitly renewed on September 30, 2016. The Defendant purchased the instant real estate on November 21, 2016, and succeeded to the lease contract between the Plaintiff and D without the Plaintiff’s consent, and established the right to collateral security without the Plaintiff’s consent. The Plaintiff agreed to return the lease deposit to the Defendant, upon the Plaintiff’s declaration of the termination of the said lease contract and the return of the lease deposit, the Defendant is obligated to return the lease deposit to the Plaintiff.

(2) According to Article 208(3)2 and Article 150(3) of the Civil Procedure Act, where a lease contract is explicitly renewed, the lessee may notify the lessor of the termination of the contract at any time. Thus, even according to this, the said lease contract is already terminated by the Plaintiff’s declaration of termination.

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