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(영문) 서울동부지방법원 2015.10.08 2015가단17914
전세보증금반환
Text

1. The defendant shall pay 165,000,000 won to the plaintiff.

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

3.Paragraph 1.

Reasons

On September 1, 2008, the Plaintiff agreed to increase the lease deposit to KRW 165,00,000 (hereinafter “the instant lease deposit”) and paid all the lease deposit to the Defendant for the lease deposit of KRW 135,00,000 (hereinafter “the instant lease contract”) and for a fixed period of two years (hereinafter “the instant lease contract”). At the time of the instant lease contract, the Plaintiff occupied and used the instant apartment from the Defendant as of the date of closing argument as of September 2, 2010; the Plaintiff and the Defendant agreed to renew the said lease contract on September 2, 2010 to increase the lease deposit to KRW 165,00,000 (hereinafter “the instant lease deposit”); the Plaintiff paid the Defendant the increased amount of KRW 30,00,000 to the Defendant on June 4, 2013; and there is no dispute between the parties at each time when the instant lease contract is terminated and the details of the instant lease deposit are returned to the Defendant.

According to the above facts, the plaintiff expressed his/her intent to terminate the contract of this case as the content-certified mail. Ultimately, the lease contract of this case was explicitly renewed on September 2, 2012, and three months have passed since the plaintiff's notice of termination was delivered to the defendant, and thus, the contract of this case was lawfully terminated pursuant to Article 6-2 (2) of the Housing Lease Protection Act. Thus, the defendant is obligated to return the lease deposit upon termination of the contract, unless there are special circumstances.

On the other hand, the defendant paid KRW 1,950,00 on the premise that the lessee bears the cost of repair in the case of a lease on a monthly basis, unlike the case of a lease on a monthly basis. The defendant paid KRW 1,950,00 on the premise that the cost of repair was incurred by the plaintiff, which is to be borne by the plaintiff, to the defendant who has no legal knowledge.

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