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1. The defendant shall be the plaintiff.
(a) deliver the buildings listed in the separate sheet;
B. From March 2, 2015, the above-mentioned A
(b) buildings;
Reasons
1. According to the evidence evidence No. 1, it is recognized that, on February 20, 2013, the Plaintiff leased (hereinafter “instant lease agreement”) a building listed in the attached list (hereinafter “instant apartment”) to the Defendant by setting the lease deposit amount to KRW 200 million, KRW 400,000 per month, and the lease term to March 1, 2015, respectively (hereinafter “instant apartment”).
2. Summary of parties' assertion on the issues of the instant case
A. Whether the Defendant was notified of the Plaintiff’s refusal to renew the instant lease agreement
B. The summary of the parties’ assertion 1) Plaintiff’s refusal to renew the Defendant’s lease agreement should be notified by content-certified mail 30 days prior to the expiration of the lease agreement.
However, since the Defendant did not obtain the above proof from the Plaintiff 30 days prior to the expiration date of the instant lease agreement, the instant lease agreement was implicitly renewed.
3. Determination
A. (1) Whether the Defendant was notified of the Plaintiff’s refusal to renew the instant lease agreement, Article 6(1) of the Housing Lease Protection Act does not limit the methods of notifying a lessor of a lessor’s refusal to renew the lease agreement to “in writing.” Therefore, a lessor may notify a lessee of the refusal to renew the lease agreement by oral, text message, etc. as well as the written notification. (2) In full view of the following circumstances recognized by the respective items of evidence Nos. 3 through 8, it is sufficient to recognize that the Defendant was notified of the Plaintiff’s refusal to renew the instant lease agreement on January 2015, which is one month prior to the expiration date of
On December 4, 2014 to March 3, 2015, the Plaintiff sent a text message to the Defendant that “The apartment of this case is leased at KRW 470 million as the lease deposit is to be, and the house is presented for the new lessee.”
In particular, on January 8, 2015, “I wish to rent 100% to a new customer,” and on January 17, 2015, “I wish to rent the instant apartment on March 2, 2015, which is the maturity date.”