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1. The Defendant shall pay to the Plaintiff KRW 220,00,000 as well as 20% per annum from June 18, 2015 to the day of full payment.
Reasons
1. Basic facts
A. On May 23, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Nonparty C, who is an agent of the Defendant, with respect to the lease deposit amounting to KRW 220 million with respect to the F apartment 106 dong 1903 (hereinafter “instant apartment”). The term of the lease agreement was from June 30, 201 to June 29, 201 (hereinafter “instant lease agreement”).
B. On May 23, 2011, the Plaintiff paid the Defendant’s agent C the remainder of KRW 20 million on June 30, 201, and the remainder of KRW 200 million on June 30, 201. On June 30, 2011, the Plaintiff was handed over the instant apartment from the Defendant’s side.
C. On February 3, 2015, the Plaintiff continued to lease the instant apartment without having expressed his/her intention of refusal of renewal even after the termination date prior to the termination date of the instant lease agreement, and received a decision to register the right to lease of the instant apartment on March 16, 2015, and delivered the instant apartment to the Defendant after completing the registration of the right to lease of the instant apartment on March 16, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. According to the above facts, it is reasonable to view that the instant lease agreement was implicitly renewed under the same conditions as the instant lease agreement, starting June 30, 2013 to June 29, 2015, pursuant to Article 6(1) and (2) of the Housing Lease Protection Act.
As such, in the case of a lease contract which is implicitly renewed, the lessee may notify the lessor of the termination of the contract at any time, and the termination thereof shall take effect three months after the lessor is notified of the termination. According to the above basic facts, the Plaintiff completed the registration of the right to lease the apartment of this case and delivered the apartment of this case to the Defendant on March 16, 2015 at the latest.