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(영문) 춘천지방법원강릉지원 2019.10.29 2019나30157
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. The reasoning of the judgment of the court of first instance cited the instant case is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff added the judgment as set forth in the following Paragraph 2 to the assertion that was newly adopted or emphasized by the court of first instance. As such, it is cited by the main sentence of Article 4

2. Additional determination

A. The summary of the Plaintiff’s assertion was notified that the Plaintiff visited the Defendant’s Dong Sea Business Office several times before the deceased’s death and lent the name of the deceased to the Plaintiff on the lease contract.

Although the Plaintiff and the Deceased explained the facts and sought advice on the change of lessee, the Defendant did not take any explanation of the breach of the obligations on February 4, 2009, prepared by the Deceased, and did not take any legal measures accordingly.

In addition, the defendant did not explain the matters specified in the former Rental Housing Act and the Enforcement Decree of the same Act only once, and the defendant notified the plaintiff and the deceased of the fact that he could refuse to renew the lease contract in accordance with the relevant laws and regulations, but has renewed the lease in the same way even after the refusal of renewal of the lease contract.

In light of the above circumstances, it is reasonable to view that the deceased consented to the transfer of the right to lease on the apartment of this case to the Plaintiff or the sublease of the apartment of this case to the Plaintiff. On the other hand, it is unreasonable to argue that the Defendant cannot return the lease deposit to the Plaintiff even if it is different from the foregoing.

B. As alleged in the Plaintiff, the Plaintiff and the deceased visited the Defendant’s Dong Sea Business Office several times before the death of the deceased, and notified that the lessee’s name was leased to the Plaintiff under the lease agreement on the apartment of this case concluded in the name of the deceased, and accordingly, the said lessee’s name was changed from the deceased to the Plaintiff.

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