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(영문) 서울서부지방법원 2014.12.10 2014가단207965
임대차보증금
Text

1. The Defendant’s KRW 35,93,590 as well as 5% per annum from May 1, 2013 to December 10, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On August 16, 2008, the Plaintiff entered into a lease agreement with C on the lease deposit of KRW 10,000,000, monthly rent of KRW 260,000, and from August 30, 2008 to August 29, 2010 with respect to the lease deposit of KRW 10,000,000, monthly rent of KRW 260,000, and the lease term of KRW 260,00,00 from August 30, 2008 under the above conditions as above.

B. Since then, the Plaintiff and C agreed to increase the deposit on August 16, 201, and concluded a lease agreement with the lease deposit of KRW 36,00,000, and the lease term of KRW 16,000 from August 16, 201 to October 15, 2012.

C. The Defendant, including the instant real estate, received the registration of ownership transfer from C on March 2, 2012 due to the sale on September 21, 2011, for five-story neighborhood living facilities and detached houses of reinforced concrete structure in Gwanak-gu, Seoul Special Metropolitan City, which included the instant real estate.

On March 22, 2013, the Plaintiff registered the right to lease housing of KRW 36,00,000 on March 27, 2013, on the five-story neighborhood living facilities and detached houses of the Seoul Special Metropolitan City D D ground reinforced concrete building in accordance with the order of lease registration of the Seoul Special Metropolitan City Central District Court.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that the lease contract was terminated at least three months after the expiration of three months under the Housing Lease Protection Act, since the Plaintiff notified the Defendant of the termination of the lease contract on November 201, 2012, or called for the Plaintiff to return the deposit to the Defendant on or around March 2013, the Plaintiff asserted that the lease contract was terminated at least after the lapse of three months under the Housing Lease Protection Act. As the Defendant concluded a lease contract with the Plaintiff for two years verbally around October 15, 2012, the lease contract was terminated at around October 2014. 2)

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