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(영문) 수원지방법원 2018.12.06 2018가단545439
임대차보증금반환
Text

1. The Defendant (Counterclaim Plaintiff) simultaneously with the delivery of real estate stated in the separate sheet from the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. On April 13, 2015, the Defendant leased the instant apartment to the Plaintiff by setting the lease deposit amount of KRW 50 million, monthly rent of KRW 500,000,000 from May 11, 2015 to May 11, 2017.

B. After that, on March 21, 2017, the Plaintiff and the Defendant concluded a new lease agreement that changes the lease deposit amount into KRW 30 million, KRW 900,000,000,000,000,000 in monthly rent (payment after November of each month), and the lease period from April 11, 2017 to February 10, 2018.

(hereinafter “instant lease agreement”). C.

On December 2017, the Plaintiff asked D, who is engaged in the brokerage business in Creal estate brokerage office, to find out the new lessee who is to lease the apartment of this case, under the premise that the Plaintiff does not want to renew the instant lease contract.

Accordingly, on December 30, 2017, D attempted to arrange a lease agreement with a new lessee to the Defendant, but the Defendant had changed the time to think of D and eventually did not enter into a new lease agreement.

The Plaintiff is occupying and using the instant apartment until now, and did not pay the monthly rent to the Defendant from January 2018 (from December 11, 2012 to January 10, 2018).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. A board (the main office and counterclaim shall be deemed to be submitted together);

A. According to the above recognition at the time of termination of the instant lease agreement, the instant lease agreement was terminated on February 10, 2018.

As to this, the Defendant did not notify the Defendant, a lessor, of the termination of the instant lease agreement from six months to one month before the termination of the instant lease agreement. Therefore, the instant lease agreement was implicitly renewed, and the Plaintiff terminated the instant lease agreement to the Defendant through the content-certified mail on February 20, 2018, and accordingly, Article 6-2 of the Housing Lease Protection Act was concluded.

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