(영문) 부산지방법원 2017.01.17 2016가단51985

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(영문) 부산지방법원 2017.01.17 2016가단51985

임대차보증금

Text

1. The Defendant’s KRW 30,000,000 as well as annual 5% from July 25, 2016 to August 22, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff and the deceased C (hereinafter “the deceased”).

(3) On March 9, 2013, the Defendant, from the Defendant, partially 1st floor D (hereinafter “instant real estate”).

) A lease was made between KRW 30 million, KRW 20,000 per month, and the period from September 1, 2012 to KRW 24 months (hereinafter “instant lease agreement”).

(2) The special terms and conditions of the instant lease agreement stipulate that “The lessee shall be the joint name of the deceased and the Plaintiff, and shall be transferred to the Plaintiff after the deceased died.”

B. Demanding the return of the lease deposit and the title of the instant real estate 1) The instant lease agreement was implicitly renewed, and the Plaintiff demanded the Defendant to refund the lease deposit on March 30, 2015, as the deceased died on March 19, 2015. (2) The Plaintiff ordered the Defendant to order the instant real estate on July 24, 2016.

[Reasons for Recognition] Facts without dispute, Gap 1 to 5, 7, and 8 (including virtual numbers), the purport of the whole pleadings

2. Determination

A. As seen earlier, the special agreement of the instant lease agreement states that “The lessee shall be the joint name of the deceased and the plaintiff, and shall be transferred to the plaintiff after the death of the deceased,” as seen earlier, the special agreement of the instant lease agreement refers to all the rights and obligations under the instant lease agreement, deeming that the instant real estate was leased solely by the plaintiff after the death of the deceased.

B. Article 6-2(1) of the Housing Lease Protection Act provides, “Where a contract has been renewed pursuant to Article 6(1), the lessee may notify at any time the lessor of the termination of the contract, notwithstanding paragraph (2) of the same Article,” and Article 6-2(2) of the same Act provides, “The termination under paragraph (1) shall be notified by the lessor.”

참조조문

-주택임대차보호법 제6조 제1항

-주택임대차보호법 제6조의2 제1항

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