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(영문) 부산지방법원서부지원 2019.05.15 2018가단402
임대차보증금반환
Text

1. The defendant shall receive real estate stated in the annexed sheet from the plaintiff, and the Busan District Court as to the above real estate.

Reasons

1. Facts of recognition;

A. On September 15, 2010, the Plaintiff decided to lease the real estate indicated in the separate sheet (hereinafter “instant real estate”) from the Defendant, and concluded a lease agreement with the following terms (hereinafter “instant lease agreement”).

- Lease deposit: 70 million won, monthly rent: 400,000 won: the period from September 27, 2010 to September 26, 2012

On September 27, 2010, the Defendant registered the establishment of chonsegwon (hereinafter “instant chonsegwon”) with respect to the instant real estate to the Plaintiff on the following date:

- Deposit for lease on a deposit basis: 70 million won, - Duration: until September 26, 2012 - The State, the competent authority, and the Busan Probation Office;

C. The Plaintiff paid all the lease deposit under the instant lease agreement, and received the instant real estate and used it as an official residence of the director of the Busan Probation Office.

Since the termination of the instant lease agreement, implied renewal has been made. A copy of the instant complaint stating the intent to terminate the instant lease agreement was delivered to the Defendant on March 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement constitutes an implied renewal after the termination of the lease agreement. However, as the duplicate of the complaint of this case, stating the intent to terminate the instant lease agreement, is delivered to the Defendant on March 3, 2018 and lawfully terminated, the period for the lease which is implicitly renewed is undetermined (see, e.g., Supreme Court Decision 2003Da14720, Jun. 25, 2004). Thus, the Plaintiff, the lessee, at any time, may notify the termination of the lease agreement, and the termination of the lease becomes effective one month after the date on which the Defendant, the lessor, was notified of the termination of the lease agreement.

(Article 635, Civil Code), special.

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