(영문) 의정부지방법원 고양지원 2018.05.17 2017가단19763

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(영문) 의정부지방법원 고양지원 2018.05.17 2017가단19763

전세보증금 반환

Text

1. The defendant shall pay 45,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On October 14, 2008, the Plaintiff entered into a lease contract (hereinafter “instant lease contract”) with 45 million won, and 24 months with respect to the multi-family house E (hereinafter “instant house”) on the ground of the plot of land (hereinafter “instant house”) on the land (hereinafter “instant house”). On the same day, the Plaintiff paid the lease deposit amount of 4.5 million won, including the remainder of 45 million won, and the remainder of 40.5 million won, around November 20, 2008.

The Plaintiff received the instant house from around November 20, 2008, and thereafter, on July 5, 2010, received a fixed date under 607 registration No. 607 with respect to the instant lease agreement, and filed a move-in report with the Plaintiff on July 5, 2010.

B. The above multi-family house was completed in the name of G on October 28, 2008, and the registration of ownership transfer was completed in the name of the Defendant on November 9, 2017. The Plaintiff is living in the instant house even after the Defendant acquired the ownership of the instant house.

C. On December 20, 2017, the instant lease contract was explicitly renewed after the expiration of the lease term, and the duplicate of the instant complaint, which included the Plaintiff’s declaration of termination of the instant lease, was served on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the instant lease agreement was lawfully terminated on March 21, 2018 after three months from the date the Defendant received notice of termination of the contract pursuant to Article 6-2(2) of the Housing Lease Protection Act, and the Defendant, as a transferee of the instant house, shall be deemed to have been transferred the obligation to return the lease deposit to the lessor and four other Plaintiff, a lessor, and thus, the Plaintiff is obligated to return the lease deposit KRW 45 million to the Plaintiff.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

참조조문

-주택임대차보호법 제6조의2 제2항

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