(영문) 수원지방법원 2015.01.20 2014가합61640

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(영문) 수원지방법원 2015.01.20 2014가합61640

보증금반환

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1. The Defendants are jointly and severally liable to receive real estate stated in the separate sheet from the Plaintiff at the same time.

Reasons

1. On February 13, 2011, the Plaintiff entered into a lease agreement between the Defendants and the Defendants on the real estate listed in the separate sheet (hereinafter “instant apartment”), which is owned by the Defendants, with respect to the lease deposit amounting to KRW 290 million without monthly rent, and from March 31, 2011 to March 3, 2013 (hereinafter “instant lease agreement”). At that time, the Plaintiff paid the said lease deposit to the Defendants.

On April 7, 2014, the copy of the complaint of this case, stating the Plaintiff’s declaration of intention to recover the lease deposit on the ground that the lease contract of this case was terminated, reached Defendant C, respectively, and Defendant B on May 12, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Where a lessee fails to notify a lessor of a refusal to renew a lease by not later than one month before the expiration of the lease term under the Housing Lease Protection Act, the lease term shall be implicitly renewed and the lease term shall be two years (Article 6(1)); where the lease term is renewed as above, the lessee may notify the lessor of the termination of the contract at any time; and the termination shall take effect three months after the date the lessor is notified of such termination;

(6) According to the above facts, the instant lease agreement was explicitly renewed on or after March 3, 2013, which is the expiration date of the lease agreement, but on the other hand, it is reasonable to deem that the Plaintiff’s expression of intent to return the lease deposit was included in the notification of termination of the instant lease agreement and the declaration of intent to claim the return of the lease deposit accordingly. Thus, the instant lease agreement was lawfully terminated on or after May 12, 2014, which was three months after the copy of the complaint was delivered to the Defendants.

Therefore, the defendants are expected to receive the apartment of this case from the plaintiff.

참조조문

-주택임대차보호법

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