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(영문) 서울중앙지방법원 2015.05.13 2014가합584862
전세금 반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The summary of the case is the plaintiff's assertion that the lease contract with the defendant was terminated by the notice of termination on February 13, 2014, and the plaintiff, a lessee, seeks the return of the deposit against the defendant, a lessor.

In fact, on December 30, 200, the Plaintiff entered into a lease contract with the Defendant for the purpose of using 2 through 6 stories among Yongsan-gu Seoul Metropolitan Government and D Centers located in Yongsan-gu and C as an off-the-counter store. The Plaintiff entered into a lease contract with the Defendant for the deposit money for lease on a deposit basis from May 24, 2001 to May 23, 201. On January 3, 2001, the Defendant completed the registration of the establishment of chonsegwon on the said real estate on a deposit basis.

On December 30, 2011, the Plaintiff concluded a lease contract with the Defendant for the lease deposit of KRW 9,260,853,000 per month, KRW 130,735,90 per month, and the period from October 31, 201 to October 30, 201.

Article 8 (1) 4 of the former Lease Contract provides that the contract may be terminated in cases where the plaintiff could not use the subject matter for the purpose of a branch due to the revision of the related laws, the revocation of approval for the establishment of a branch, the closure of a branch, and other inevitable circumstances.

On October 30, 2013, the end date of the instant lease contract, the original Defendant failed to give written notice to each other of its intent to terminate the contract before October 30, 2013, and thus, the term of the contract was extended by one year until October 30, 2014 pursuant to Article 2(2) and (3) of the lease contract.

On February 13, 2014, the Plaintiff notified the Defendant of the termination of the lease contract on the ground that it constitutes Article 8(1)4 of the former lease contract after closing the Plaintiff’s place of origin in the subject matter of the lease and closing the business, and transferring it to a new building (Yansan-gu E) after completing the business.

【In the absence of dispute, the Plaintiff’s assertion as to the issue of Gap’s evidence Nos. 2 through 5, the issue of the overall purport of the pleadings (whether a contract is terminated) and the lease contract of this case on February 13, 2014 is based on the Plaintiff’s notice of termination.

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