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(영문) 서울북부지방법원 2020.05.07 2019가단19778
임차보증금 반환
Text

1. The defendant shall pay the plaintiff KRW 130,000,000.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Determination as to the cause of claim

A. 1) On May 22, 2017, the Plaintiff: (a) on May 22, 2017, the Dobong-gu Seoul Metropolitan Government Building D (hereinafter “instant building”).

As to the lease deposit, the lease contract (hereinafter “instant lease contract”) shall be determined from May 22, 2017 to May 21, 2019 with respect to the term of lease KRW 130,000,000, and the term of lease.

(2) After January 3, 2019, the decision to commence voluntary auction (Seoul Northern District Court E) on the instant building was rendered on January 3, 2019.

On January 2019, the Plaintiff made a demand for distribution as a lessee at the auction procedure.

On December 12, 2019, the above auction procedure was concluded after the request for auction was withdrawn.

[Grounds for Recognition] The recommendation of confession under Article 150(3) and (1) of the Civil Procedure Act

B. According to the facts found above, the instant lease contract was terminated upon the expiration of May 21, 2019 due to the Plaintiff’s rejection of renewal due to the Plaintiff’s demand for distribution. Even if the instant lease contract was implicitly renewed, the fact that the Plaintiff served on the Defendant on January 2, 2020, which contained the Plaintiff’s claim for the refund of the deposit, on the premise of termination of the instant lease contract, is apparent in the record. Thus, the instant lease contract was terminated on April 3, 2020, when three months elapsed from January 2, 2020 pursuant to Article 6-2 of the Housing Lease Protection Act.

Therefore, the defendant is obligated to pay 130,000,000 won to the plaintiff.

2. It is so decided as per Disposition by admitting the plaintiff's claim on the ground that it is reasonable.

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