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(영문) 대구지방법원 2020.02.07 2019가단13664
건물명도
Text

1. The defendant shall display the attached drawing among the first floor of the real estate stated in the attached list to the plaintiff, 3, 4, 5, and 3 respectively.

Reasons

1. Basic facts

A. On May 2013, the Plaintiff entered into a lease agreement between the Defendant and the Plaintiff on the deposit amounting to KRW 30 million and the period from May 6, 2013 to May 5, 2015 (hereinafter “instant lease agreement”) with respect to the real estate sizeing to 54 square meters inboard (hereinafter “instant real estate”) connected each point in sequence with the Defendant’s and the Plaintiff’s attached list. Around that time, the Plaintiff delivered the instant real estate to the Defendant.

B. Since then, the instant lease agreement has been implicitly renewed.

The Plaintiff notified the Defendant that the instant lease contract was terminated by content-certified mail on February 21, 2019 and March 13, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to Article 6(1) and (2) of the Housing Lease Protection Act, if a lessor fails to notify the lessee of the refusal of the renewal within a period from six months to one month prior to the expiration of the lease term, or to notify the lessee that he/she would not renew the lease without changing the terms and conditions of the lease, the lease shall be deemed to have been renewed under the same conditions as those of the former lease at the expiration of the lease term, and the term

According to the above facts, the instant lease agreement was explicitly renewed until May 5, 2019, and the Plaintiff notified the termination of the instant lease agreement on February 21, 2019 and March 13, 2019, which was the period from six months to one month. Thus, the instant lease agreement was terminated on May 5, 2019.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

In this regard, the defendant will continue to reside until the neighboring area of the real estate of this case is completely removed from the re-building project with various circumstances, but the lease contract of this case is terminated.

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