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(영문) 서울북부지방법원 2016.07.22 2015가단40576
임대보증금반환
Text

1. The defendant shall deliver the real estate stated in the separate sheet from the plaintiff to the plaintiff at the same time. 150,000,000 won shall be applied to the plaintiff.

Reasons

1. The fact that the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on April 11, 201 with respect to the real estate listed in the attached list owned by the Defendant (hereinafter “instant real estate”) on the following occasions: (a) the lease deposit amount of KRW 150 million; (b) the lease period from May 31, 201 to May 30, 201; (c) the Plaintiff paid KRW 150 million to the Defendant on May 12, 2011; (d) the Plaintiff extended and maintained the lease agreement; and (e) the Plaintiff and the Defendant implicitly sent the instant lease agreement to the Defendant on March 27, 2014, with a content certification that the Plaintiff would no longer renew the lease agreement (hereinafter “the content certification of this case”), or may be recognized by the purport of the entire pleadings, based on the evidence stated in subparagraphs 1 through 4, and evidence.

2. A lessee may notify at any time of termination of a contract where a lease contract is implicitly renewed, and such termination takes effect upon the expiration of three months from the date when the lessor is notified of such termination (Article 6-2(1) and (2) of the Housing Lease Protection Act). If the content of the instant case, which states the lessee’s declaration of termination of the contract, was served on the lessor and the Defendant, who is the lessor on March 27, 2014, and if the content-certified mail was not sent and otherwise returned, the content-certified mail was served around that time, barring any special circumstance (see, e.g., Supreme Court Decision 2000Da20052, Oct. 27, 200), the lease of this case is deemed to have been served at any time (see, e.g., Supreme Court Decision 200Da20052, Oct. 27, 200).

Therefore, the Defendant is obliged to return the lease deposit amount of KRW 150 million to the Plaintiff simultaneously with the delivery of the instant real estate from the Plaintiff.

As to this, the defendant has the term of lease upon the termination of the lease contract of this case between the plaintiff and the defendant.

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