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(영문) 대전지방법원천안지원 2020.10.15 2020가단2713
전세금 반환
Text

1. The Defendant’s delivery of Category C from the Plaintiff at the same time shall be KRW 35,00,000 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 11, 2015, the Plaintiff entered into a lease agreement with the Defendant on setting the deposit amount of KRW 35,000,000, and the lease period of KRW 12 months from October 11, 2015, on which the Plaintiff leased the title C (hereinafter “instant housing”) among the real estate listed in the attached Form owned by the Defendant from the Defendant.

(hereinafter “instant lease agreement”). B.

On October 11, 2015, the Plaintiff paid to the Defendant a deposit of KRW 35,00,000 for the instant lease agreement, and received the instant house from the Defendant. The instant lease agreement was implicitly renewed without expressing the original Defendant’s intention of refusal to renew or change the terms and conditions prior to the expiration of the lease agreement.

C. On March 27, 2020, on June 30, 2020, the Plaintiff notified the Defendant of the refund of the lease deposit, as the Plaintiff would have to make directors in the instant housing.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, it is determined that the instant lease contract was terminated on or around June 27, 2020 upon the termination of the Plaintiff’s termination (Article 6-2 of the Housing Lease Protection Act). Therefore, the Defendant is obliged to pay KRW 35,000,000 to the Plaintiff simultaneously with the delivery of the instant house from the Plaintiff.

3. Conclusion, the plaintiff's claim of this case is justified.

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