부동산인도
1. The defendant redeems KRW 245,000,000 from the plaintiff and simultaneously real estate stated in the attached list to the plaintiff.
1. Facts of recognition;
A. On December 19, 2007, the Plaintiff leased the real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant, with the lease deposit of KRW 190 million and the lease term from February 13, 2008 to February 12, 2010.
B. On January 14, 2012, the Plaintiff and the Defendant renewed the said lease agreement, and increased the lease deposit to KRW 225 million, and extended the term of the lease from January 18, 2012 to January 17, 2014. ② On January 13, 2014, the lease deposit amount was increased to KRW 245 million, and the term of the lease was extended from January 18, 2014 to January 17, 2016.
C. Around October 28, 2015, the Plaintiff notified the Defendant that the above lease will not be renewed, and thereafter, the Plaintiff and the Defendant decided to extend the said lease agreement by July 7, 2016, upon consultation, around November 7, 2015.
Under the above lease agreement, the defendant paid a total of KRW 25 million to the plaintiff, and still is residing in the real estate of this case.
[Ground of recognition] Unsatisfy, entry and video of Gap evidence 1 through 5 (including branch numbers for those with a satisfy number), the purport of the whole pleadings
2. Determination
A. According to the facts of the judgment on the cause of the claim, the above lease agreement between the Plaintiff and the Defendant between the Plaintiff and the end of July 2016, which is an extended lease term, shall be deemed to have been terminated upon the expiration of July 2016. Therefore, the Defendant is obliged to deliver the instant real estate to the Plaintiff at the same time as the Plaintiff was refunded the lease deposit amount of KRW 24
B. As to the judgment on the Defendant’s assertion, the Defendant extended the period of the above lease agreement to the end of July 2016 on November 7, 2015, but the extended lease period falls short of two years. Thus, the above lease period is two years from January 17, 2016, which is the initial lease term, pursuant to Article 4(1) of the Housing Lease Protection Act.