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1. The defendant is among cement bricks, bricks, roof houses, and neighborhood living facilities on the ground of Goyang-gu Goyang-gu D, Goyang-gu, Yangyang-gu.
Reasons
1. Basic facts
A. On February 24, 201, the Plaintiff entered into a lease agreement with the Defendant’s mother on a deposit for the lease of KRW 120,000,000, monthly rent of KRW 100,000, and the term of lease from April 2, 2011 to April 1, 2013 (hereinafter “instant lease agreement”).
B. Around that time, the Plaintiff paid the instant lease deposit to E and resided with the delivery of the instant real estate. Since the lease contract is implicitly renewed even after the expiration of the above period, the Plaintiff continues to reside in the instant real estate until now.
C. On August 12, 2015, the Defendant donated the instant real estate from E, and completed the registration of ownership transfer in the name of the Defendant regarding the instant real estate.
On March 31, 2016, the Plaintiff sent a content-certified mail to the Defendant to return the lease deposit of this case, and the above content-certified mail reached the Defendant around that time.
Nevertheless, as the Defendant did not refund the lease deposit of this case, the Plaintiff filed the instant lawsuit against the Defendant on September 5, 2016 on the ground that the lease contract of this case expired, and the duplicate of the instant complaint was served on the Defendant on October 8, 2016.
E. Meanwhile, on April 20, 2017, the Defendant remitted KRW 12,00,000 to the Plaintiff as the refund of down payment out of the instant lease deposit.
[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 4-1, 2, Eul evidence 2 and 4, the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of claim, the defendant who succeeded to the status of a lessor pursuant to Article 3(4) of the Housing Lease Protection Act shall be deemed to bear the obligation to return the lease deposit of this case, and the lease contract of this case shall be implicitly renewed.