(영문) 울산지방법원 2019.05.23 2018나24585

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(영문) 울산지방법원 2019.05.23 2018나24585

임대차보증금반환

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1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. Basic facts

A. On March 12, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to pay the lease deposit amount of KRW 30 million from March 31, 2014 to March 30, 2016, the rent of KRW 250,000,000 from March 31, 2014, and the end of each month (hereinafter “instant lease agreement”).

B. On September 11, 2017, the Plaintiff removed the instant real estate and delivered the said real estate to the Defendant. On the same day, the Defendant transferred KRW 26,550,000 to the account in the name of the Plaintiff’s wife.

C. There is no fact that both the Plaintiff and the Defendant notify either party of the termination of the instant lease agreement during the said lease term.

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

2. The parties' assertion

A. The Plaintiff’s instant lease agreement was an implied renewal. On April 2017, the Plaintiff notified the Defendant of the termination of the lease agreement, and around the end of July 2017, the Defendant was required to make a new tenant to make a remodeling, and the Plaintiff was prepared for the director by the end of August 2017, and the Plaintiff was prepared to move into a house by entering into a provisional contract with the Defendant and the new tenant. However, the Plaintiff entered into a lease contract with the new tenant.

Article 6 of the Housing Lease Protection Act (Renewal of a contract) ① Where a lessor fails to notify the lessee of the refusal of the renewal or to notify the lessee of the fact that he/she will not renew the contract without changing the terms and conditions of the contract within six months to one month before the term of the lease expires, the lease is deemed to have been renewed under the same conditions as the former lease at the time the term expires.

The same shall also apply where a lessee fails to notify one month before the lease term expires.

(2) In cases falling under paragraph (1), lease shall be made.

참조조문

-주택임대차보호법

-주택임대차보호법 제6조

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