(영문) 서울남부지방법원 2018.09.14 2018가단12050

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(영문) 서울남부지방법원 2018.09.14 2018가단12050

전세보증금 반환

Text

1. The defendant shall pay 45,000,000 won to the plaintiff.

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

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On April 10, 2010, the Plaintiff entered into a contract with the Defendant to rent the rooftop tower of 17.52 square meters of the Yeongdeungpo-gu Seoul Metropolitan Government Land Building C (hereinafter “instant leased building”) as KRW 43,00,000, and the period from April 22, 2010 to KRW 24 months. The instant leased building is occupied and used upon delivery by the Defendant.

B. The above lease contract was implicitly renewed. On April 2, 2016, the Plaintiff entered into a contract with the Defendant to lease the instant leased building by setting the lease deposit amount of KRW 45,000,000, and the period from April 2, 2016 to April 10, 2017, and the same month.

4. The Defendant paid KRW 2,00,000 to the Defendant the difference of deposit.

C. After that, on February 5, 2018, the Defendant sent to the Plaintiff a letter stating that “the renewal date is indicated with D’s agent, and there is an increase of deposit at the time of renewal.” On February 19, 2018, the Plaintiff notified D, an agent of the Defendant, that “I would be a director without renewal of the lease contract.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of recognition, a lease term of less than two years is deemed to be two years (see the main sentence of Article 4(1) of the Housing Lease Protection Act), and the period of the said lease term concluded on April 2, 2016 shall be deemed to be from April 2, 2016 to April 1, 2018. However, since the Plaintiff, a lessee, notified the Defendant on February 19, 2018 that he/she would not renew the lease term to the Defendant’s employer and would go against a director without renewal of the lease term, the instant lease term shall be deemed to have expired on April 2, 2018.

Therefore, the defendant is obligated to pay 45,000,000 won to the plaintiff with the return of the lease deposit.

3. The plaintiff's claim is reasonable and acceptable.

참조조문

-주택임대차보호법 제4조 제1항

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