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(영문) 서울서부지방법원 2017.09.01 2016가단239393
임대차보증금
Text

1. The Defendants jointly pay KRW 55,000,000 to the Plaintiff.

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

3...

Reasons

1. Facts of recognition;

A. On October 15, 2013, the Plaintiff concluded a lease agreement with the Defendants on the housing indicated in the separate sheet, which is jointly owned by the Defendants (hereinafter “instant housing”).

(hereinafter “instant lease agreement”). The lease deposit amount of KRW 55 million, and the lease term of KRW 600,000 for monthly rent of KRW 600,000: From October 1, 2013 to October 1, 2015, the special agreement is stipulated: The lessee is required to move as the redevelopment area is the redevelopment area and the lessee is required to move.

B. After the instant lease agreement was implicitly renewed, the Plaintiff notified Defendant B of the termination of the instant lease agreement on March 18, 2016.

C. On August 11, 2016, the Plaintiff sent a text message to Defendant B stating that “the current entrance and exit number of the instant house and the outer iron entry and exit door are above the main household of the household on the first floor” and retired from the instant house around that time.

However, the Plaintiff left the instant house without being able to properly cover households and garbage, etc. used by the Plaintiff.

E. Meanwhile, the Eunpyeong-gu Seoul E Group with the instant housing is scheduled to implement a housing redevelopment and improvement project.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 2, 5, and 6, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The term of lease of a house which is implicitly renewed is two years (see Article 6(1) and (2) of the Housing Lease Protection Act), and in such cases, the lessee may notify the lessor of the termination of the contract at any time, and in such cases, the termination becomes effective three months after the date on which the lessor is notified (see Article 6-2 of the Housing Lease Protection Act).

According to the above facts, it is reasonable to view that the instant lease contract was terminated on June 18, 2016 after three months from the date of notification of termination on March 18, 2016 by the Plaintiff after it was implicitly renewed.

Therefore, the defendants, a joint lessee, are jointly involved unless there are special circumstances.

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