The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Determination on the cause of the claim

A. The Plaintiff’s assertion B concluded a lease agreement with the Defendant on October 17, 201 with respect to the Daegu-gu C apartment and D (hereinafter “instant apartment”) on the instant apartment, and died on February 2, 2019 (hereinafter “the deceased”). On October 29, 2019, the Plaintiff issued an order to the Defendant on the instant apartment on October 29, 201, which was after the death of the deceased.

At the time of the death of the deceased, there was no person in de facto marital relationship with the deceased, and the inheritor of the deceased did not live a common life between the deceased and the family in the apartment of this case. Therefore, the Plaintiff succeeded to the rights and duties of the deceased as the lessee of the housing within the second degree as well as the lessee under Article 9(2) of the Housing Lease Protection Act.

Therefore, the defendant is obligated to pay to the plaintiff 2,180,097 won after deducting the management expenses in arrears from the lease deposit of the apartment in this case and the delay damages therefor.

(b) Article 9 of the Housing Lease Protection Act (1) Where a lessee dies without a successor, a person who is in de facto marital relationship with a community life in the house shall succeed to the rights and duties of the lessee;

(2) Where an heir at the time of death of a lessee does not live a family community life in the house concerned, he/she shall jointly succeed to the rights and duties of the lessee with the person in de facto marital relationship with which a family community life has been living in the house concerned and relatives within the

(3) In cases falling under paragraphs (1) and (2), this shall not apply where a person subject to succession under paragraphs (1) and (2) expresses his/her dissenting opinion to the lessor within one month after the tenant died.

(4) In cases falling under paragraphs (1) and (2), the claims and obligations arising from the relationship of lease shall be those who succeed to the rights and obligations of the lessee.