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(영문) 수원지방법원 안산지원 2017.02.15 2016가단23212
임대차보증금
Text

1. The defendant shall pay 25,000,000 won to the plaintiff.

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

3.Paragraph 1.

Reasons

In fact, on June 17, 2014, the Plaintiff leased 301 rental deposit 18,000,000 won, and on the condition from June 17, 2014 to June 17, 2016, the Plaintiff paid the deposit around that time.

On April 6, 2015, the Plaintiff leased 302 housing units of this case from the Defendant on the condition that deposit is KRW 7,000,000, monthly rent is KRW 150,000, and the lease term is from April 12, 2015 to April 12, 2016, and paid the deposit around that time.

On January 2016, the Plaintiff notified the Defendant of his intention to refuse the contract renewal as to the instant housing No. 302.

[Ground of recognition] The lease contract of this case 302 was terminated upon the lapse of April 12, 2016, according to the fact that there was no dispute, Gap 1 through 5 (including a provisional number), and the purport of the entire pleadings.

On the other hand, the lease agreement referred to in Article 301 of the Housing Lease Protection Act is explicitly renewed because there is no evidence to acknowledge that the plaintiff notified his intention to refuse the renewal one month prior to the expiration of the contract. However, since the plaintiff notified the defendant of his intention to terminate the contract through the content certification as of June 20, 2016 or the duplicate of the complaint of this case, it shall be deemed that three months have elapsed since the date the defendant received such notification pursuant to Article 6

Therefore, the Defendant is obligated to return to the Plaintiff KRW 25,00,000,000, totaling KRW 18,000,000 of the lease deposit under 301 of the instant house and KRW 302 of the lease deposit under 302.

In this regard, the defendant asserts that the lease deposit of 301 house of this case is KRW 17,00,000,000, but it is obvious that the above argument is KRW 18,000,000 when stated in the lease contract (Evidence A 1-1). Therefore, the above argument is without merit.

The plaintiff's claim is justified.

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