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(영문) 서울남부지방법원 2015.12.22 2015가단222641
보증금반환
Text

1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time. 50,000,000 won shall be applied to the plaintiff.

Reasons

1. Facts of recognition;

A. On December 7, 2007, the Plaintiff leased the real estate (commercial building rent; hereinafter “instant real estate”) listed in the separate sheet from the Defendant from the Defendant as of December 11, 2007, with the rental deposit of KRW 50,000,000, monthly rent of KRW 1,300,000 (excluding value-added tax and management fee) and the lease period of KRW 1,30,000 (excluding value-added tax and management fee), from December 11, 2007 to December 10, 209.

(hereinafter referred to as "previous lease agreement"). (b)

After the conclusion of the previous lease agreement, the Plaintiff entered into a lease agreement between the Defendant and the Defendant on December 30, 2013, setting the lease agreement between KRW 50,000,000 (in lieu of a deposit under the previous lease agreement), monthly rent of KRW 1,100,000, and the lease period from January 1, 2014 to January 1, 2015, with respect to the instant real estate.

(hereinafter “instant lease agreement”). C.

On June 11, 2015, the Plaintiff notified the Defendant of his intention to terminate the instant lease agreement under the implied renewal condition.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 1, 2, and 3, the purport of the whole pleadings

2. According to the allegations and the above findings, the Plaintiff’s expression of refusal to renew the instant lease agreement was sent to the Defendant by content-certified mail on June 11, 2015, and the said mail was not returned. Therefore, it is presumed that the said content-certified mail reached the Defendant around that time (see Supreme Court Decision 2000Da20052, Oct. 27, 200). Therefore, in accordance with Article 10(4) and (5) of the Commercial Building Lease Protection Act (see Supreme Court Decision 200Da20052, Oct. 27, 200), it is determined that the instant lease agreement was lawfully terminated, barring any special circumstance, and thus, the Defendant is liable to pay the Plaintiff deposit deposit amounting to KRW 50,000,000 as the Plaintiff seeks.

At the latest, a duplicate of the complaint of this case reaches.

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