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(영문) 서울남부지방법원 2016.12.23 2016가단31484
임대차보증금
Text

1. The defendant shall pay 75,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Facts of recognition;

A. As to C and C and C and C, and 201, the term from July 20, 2015 to July 19, 2016, the Plaintiff concluded each lease agreement (hereinafter referred to as “the instant lease agreement”) with respect to D and D as to the term from July 20, 2015 to July 19, 2016, setting the term from July 20, 2015 to July 19, 2016 as follows: (a) KRW 25 million as to D and 204 as to the term from July 20, 2015; and (b) from June 30, 2015 to June 29, 2016, each of the lease agreements (hereinafter referred to as “the lease agreement”).

B. On March 31, 2016, the Defendant completed the registration of ownership transfer in the future with respect to the above 201, 202, and 204, and succeeded to the status of the lessor with respect to the instant lease agreement as such, as the ownership was transferred.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. On the other hand, the Plaintiff alleged that the instant lease agreement was terminated at the expiration of the term, since it notified one month prior to the expiration of the term of the instant lease agreement, and the Defendant asserted that the instant lease agreement was renewed at around June 2016 by the Plaintiff and the Defendant, but there is no evidence to acknowledge the original and the Defendant’s assertion, and thus, the instant lease agreement was implicitly renewed.

Meanwhile, in cases where an implied renewal of a lease was made as above, the lessee may notify the lessor of the termination of the contract at any time, and the termination shall take effect at any time after three months from the date when the lessor was notified of the termination. However, if the purport of the entire pleading is added to the statement in the evidence No. 3, the Plaintiff may be acknowledged on July 29, 2016 that the Plaintiff requested the Defendant to return the lease deposit of the instant lease deposit and notified the termination of the instant lease. Thus, the instant lease is deemed to have been terminated upon the lapse of three months thereafter.

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