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1. At the same time, the Defendant received the goods from the Plaintiff as C Apartment and D, and at the same time, KRW 32,800,000 from the Plaintiff.
Reasons
1. Basic facts
A. On June 14, 2018, the Plaintiff and the Defendant entered into a lease agreement with the Defendant with the deposit amount of KRW 32,800,000, and the lease period from June 12, 2018 to June 11, 2019.
B. On May 13, 2019, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff did not intend to renew the contract and requested the return of the lease deposit at the expiration of the lease term, and was served to the Defendant around that time.
C. On June 13, 2019, the Plaintiff was subject to a decision to register the housing lease in the instant case as the Taecheon District Court Decision 2019Kaman8, Taecheon-si Branch of the Chuncheon District Court.
The plaintiff currently occupies the house of this case while residing in the house of this case.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The assertion and judgment
A. As the lease contract for the instant housing has expired on June 11, 2019, the Plaintiff sought the return of the lease deposit against the Defendant simultaneously with the delivery of the instant housing.
As to this, the defendant asserts that the above lease contract is implicitly renewed, and still remains valid, and thus, the plaintiff's claim cannot be complied with.
(b) In cases of a lease on a house, if the lessee fails to notify the lessor of a refusal to renew the lease at least one month before the expiration of the lease term, the lease shall be deemed to have been renewed under the same conditions as the former one at the time the lease term expires (proviso of Article 6 (1) of the Housing Lease Protection Act): Provided, That even if the lease is implicitly renewed, the lessee may notify the lessor of the termination of the contract at any time (Article 6-2 (1) of the Housing Lease Protection Act), and the termination shall take effect three months after the date
(Article 2(2) of the same Act. In this case, the plaintiff's expression of refusal to renew is expressed.