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(영문) 춘천지방법원강릉지원 2017.08.08 2016가단6985
임차보증금
Text

1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time. 23,000,000 won shall be applied to the plaintiff.

Reasons

In full view of the purport of Gap evidence No. 1 and all pleadings, the plaintiff entered into a lease agreement with the defendant on October 30, 1993 with regard to the real estate listed in the separate sheet (hereinafter "the real estate of this case") and paid the lease deposit amount of KRW 20 million, and on July 31, 2016, the lease deposit was finally determined as KRW 23 million, and the plaintiff filed a lawsuit claiming the return of the lease deposit on the ground that the lease contract of this case was terminated.

According to the above facts, the lease contract of this case was renewed by implied renewal.

In such cases, the lessee may terminate the lease contract at any time to the lessor, and the lease becomes effective three months after the date on which the lessor is notified thereof (Article 6-2 of the Housing Lease Protection Act), and the fact that the duplicate of the complaint of this case, stating the Plaintiff’s declaration of intent not to have the lease contract renewed, was delivered to the Defendant on March 24, 2017, is apparent in the record that the lease contract of this case was lawfully terminated on June 24, 2017.

Therefore, since the defendant is at the same time obligated to pay to the plaintiff the lease deposit amount of KRW 23 million with the delivery of the real estate of this case from the plaintiff, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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