logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.03.31 2014가단511888
임대차보증금
Text

1. The Defendants, simultaneously with the delivery of real estate stated in the separate sheet from the Plaintiff, shall be the Plaintiff, and Defendant B, C, D, E, and at the same time.

Reasons

1. Facts of recognition;

A. The Plaintiff leased the instant real estate from M on September 15, 2001 by setting the lease deposit amount of KRW 45 million, the lease term of KRW 15 million from October 1, 2001 to KRW 24 months.

(hereinafter “instant lease agreement”). B.

After the lease term of this case, the Plaintiff continuously occupied and used the instant real estate through implied renewal of the instant lease agreement even after the lease term of this case, and expressed his/her intent to terminate the instant lease by serving a duplicate of the complaint of this case.

C. M was killed on September 5, 2002, and M succeeded to the respective 2/72 shares of Defendant B, C, D, E, F, G, and H, each of which was the children of M, and the spouse of Defendant I who was the spouse of N who died earlier, as M, and the Defendant J, K, and L, each of which was the children of Defendant J, K, and L, respectively.

[Reasons for Recognition] Defendant F: The absence of dispute, the entries in Gap evidence 1 and 2, and the remainder of the purport of the entire pleadings: The defendants who have been admitted as confession

2. Determination as to the cause of action

A. On September 13, 2014, a duplicate of the complaint of this case containing an expression of intent to terminate the instant lease agreement was clearly recorded, and pursuant to Article 6-2(2) of the Housing Lease Protection Act, the lease agreement of this case, which was implicitly renewed, was lawfully terminated on December 13, 2014, when three months have elapsed since the date on which the Defendants, a lessor, received the notice of termination.

As such, the Defendants, upon the Plaintiff’s request, have the duty to return to the Plaintiff KRW 5,625,00, respectively, KRW 9/72, out of KRW 45 million for the lease deposit of this case, and KRW 3/72, KRW 1,875,00 for Defendant J, K, and L, KRW 1,250,00 for each of the 2/72 persons, respectively, at the same time as the delivery of the instant real estate from the Plaintiff.

B. The Plaintiff also claimed against the Defendants the payment of damages for delay at a rate of 20% per annum from the day following the delivery date of a copy of the complaint of this case until the day of complete payment. However, the lessee’s repayment of the leased property is due.

arrow