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(영문) 청주지방법원 제천지원 2018.02.22 2017가합165
임대차보증금
Text

1. As to KRW 195,510,850 among the Plaintiff and KRW 195,00,000, the Defendant shall be from October 1, 2017 to November 8, 2017.

Reasons

1. Basic facts

A. On May 25, 2014, the Plaintiff leased (i) No. 102, 102, 101, and 101 (hereinafter “instant real estate”) on the lease deposit amount of KRW 195,00,000 (hereinafter “instant deposit”) and (ii) from June 13, 2014 to June 13, 2016.

(hereinafter “instant lease agreement.” The Plaintiff paid C the instant deposit of KRW 20,000,000 on May 25, 2014, and KRW 175,00,000 on June 13, 2014, and paid C all of the instant deposit.

B. On June 12, 2014, the Plaintiff transferred the instant real estate to the same day, and obtained a fixed date in the instant lease agreement on June 17, 2014.

C. The Defendant purchased the instant real estate from C and completed the registration of ownership transfer on June 16, 2014.

around 2016, E, the Defendant’s mother, agreed to extend the instant lease agreement on behalf of the Defendant for one year from the expiration date.

E. On July 19, 2017, the Plaintiff notified the Defendant of the termination of the instant lease agreement. On July 19, 2017, E on behalf of the Defendant prepared a letter of agreement to pay KRW 195,00,000 to the Plaintiff by the end of September 2017.

On September 29, 2017, the Plaintiff handed over the instant real estate to the Defendant.

F. Meanwhile, between June 13, 2014 and September 29, 2017, the Plaintiff paid the total of KRW 510,850 for the long-term repair appropriations for the instant real estate.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 to 3 and 5 and the purport of the whole pleadings

2. According to the facts found earlier, the instant lease agreement is deemed to have been renewed under the same conditions, since the Plaintiff or the Defendant did not notify the Defendant of the rejection of renewal before June 13, 2017, which was the date of termination of the extended lease agreement. However, the Plaintiff notified the Defendant of the termination of the contract at early July 2017, and E, the Defendant’s agent, returned the said lease deposit.

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