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(영문) 서울중앙지방법원 2017.08.08 2016나80016
임대차보증금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. From the Defendant, on February 1, 2014, the Plaintiff: (a) on the fourth floor of Seocho-gu Seoul Metropolitan Government building B, the deposit amount of KRW 50,000,000; (b) monthly rent of KRW 6,000,000 (Additional Tax Map); and (c) on January 31, 2015, the lease period of KRW 50,000; and (d) on

3.1. On February 28, 2015, the term of the instant lease agreement was extended by one year upon agreement between the Plaintiff and the Defendant, with the deposit amount of KRW 70,000,000, monthly rent of KRW 6,000,00 (Additional Tax Table) and the lease period of KRW 28, 2015 (hereinafter collectively referred to as the “instant lease agreement”).

B. On December 7, 2015, the Plaintiff expressed his/her intent to terminate the instant lease agreement to the Defendant, and on January 30, 2016, delivered the leased object to the Defendant.

On January 28, 2016, the plaintiff and the defendant set the cost of restoration to the original state as KRW 4,000,000, and the defendant returned the total amount of KRW 120,000,000 to the plaintiff out of KRW 120,000,000.

C. Of the instant lease agreement, the parts relating to this case are as follows.

The proviso to Article 2: The lease term shall be automatically extended for one year unless one of the parties notifies the termination of the contract in writing not later than three months prior to the expiration of the lease term.

Article 13: The date of termination shall be notified in writing to the other party six months before the date when one of the parties intends to terminate the lease contract after the commencement date of the lease contract, and six months after the date of termination shall be deemed the date of termination.

Provided, That one of the parties shall not notify the other party of termination for one year from the commencement date of the lease contract.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The key point of the Plaintiff’s assertion is that the proviso of Article 2 of the instant lease agreement shall be notified of the termination three months prior to the implied renewal is in violation of Articles 639 and 635 of the Civil Act, which are mandatory provisions, and is null and void, and Article 13 of the said lease agreement shall be notified of the termination of the contract.

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