(영문) 서울중앙지방법원 2017.01.25 2016가단106245

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.01.25 2016가단106245

임차보증금반환

Text

1. The Defendant’s KRW 144,341,50 for the Plaintiff and KRW 5% per annum from April 17, 2016 to January 25, 2017.

Reasons

1. Basic facts

A. On October 27, 201, the Plaintiff leased the Seocho-gu Seoul Metropolitan Government Seocho-dong 3 (hereinafter “instant housing”) from the Defendant as the lease deposit of KRW 150,000,000, monthly rent of KRW 300,000, and the lease term of KRW 27,000, respectively.

hereinafter referred to as "the instant lease agreement"

(B) B. The Plaintiff, even after the expiration of the instant lease agreement with the Defendant, renewed the lease agreement without notice of termination, and notified the Defendant of the termination of the lease agreement on November 2015. (c) On April 16, 2016, the Plaintiff delivered the instant house to the Defendant. [Ground for recognition: the Plaintiff did not have dispute, and the purport of the entire pleadings, as indicated in subparagraphs A and 2, and the purport of the entire pleadings.

2. Determination

A. According to the above facts, the instant lease agreement is an implied renewal pursuant to Article 6 of the Housing Lease Protection Act. However, it is recognized that the Plaintiff, a lessee, was terminated on February 2, 2016 after the lapse of three months from November 2015 to February 2016, which was notified of termination, pursuant to Article 6-2 of the Housing Lease Protection Act. Therefore, the Defendant is obliged to pay the remainder of the lease deposit and damages for delay under the instant lease agreement to the Plaintiff.

B. (1) Since October 1, 2014, the fact that the Plaintiff did not pay the monthly rent to the Defendant from October 1, 2014 that there is no dispute between the parties, the sum of KRW 5,560,00 (=300,000 for the monthly rent + (18 months + 16/30)) for the unpaid rent must be deducted from the lease deposit. (2) The Plaintiff is a person who has failed to pay the Defendant the water fee of KRW 98,500, and there is no evidence to prove that the Plaintiff should pay the water fee of KRW 125,570, and the purification tank cost of KRW 15,00 for the Defendant exceeding the above amount.

Therefore, the unpaid water rate of 98,500 won should be deducted from the lease deposit.

3) Therefore, the amount of lease deposit that the Defendant is obliged to return to the Plaintiff is KRW 144,341,500 (=150,000).

참조조문

-주택임대차보호법 제6조

-주택임대차보호법 제6조의2

유사 판례

-수원지방법원 2016.09.27 2015나32148

-인천지방법원 2016.07.12 2016나1113

-대전지방법원 2015.09.22 2015나623

-대전지방법원 2014.12.11 2014가단4641

-광주지방법원 2017.09.14 2017나3082