(영문) 의정부지방법원 2017.11.10 2017가단107483

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(영문) 의정부지방법원 2017.11.10 2017가단107483

건물명도(인도)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 27, 2015, the Plaintiff leased the instant real estate to the Defendant by setting the lease deposit amount of KRW 50,000,000, and the lease period from March 14, 2015 to March 13, 2017.

(hereinafter “instant lease agreement”). B.

The Defendant has resided in the instant real estate since the date of entering into the instant lease agreement until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. Since the Plaintiff’s assertion that the lease contract of this case was terminated upon the expiration of the period, the Defendant is obligated to deliver the real estate of this case to the Plaintiff and pay 500,000 won per month for unjust enrichment due to possession after the expiration of the period of validity.

B. The Defendant’s assertion that the instant lease agreement was implicitly renewed and has not yet been terminated, and even if terminated, the Plaintiff cannot respond to the Plaintiff’s claim until the deposit is returned.

C. 1) The Housing Lease Protection Act (hereinafter “Housing Lease Protection Act”) provides for special exceptions to the Civil Act concerning the lease of a residential building to the instant lease agreement that is a residential building. (2) However, Article 6 of the Housing Lease Protection Act provides that “If a lessee fails to notify the lessee of the refusal to renew the lease within a period from six months to one month prior to the expiration of the lease term or to notify the lessee of the refusal to renew the lease without any change in the contract terms, the lease shall be deemed to have been renewed under the same conditions as the former lease at the expiration of the lease term (Article 1). In this case, the term of the lease shall be two years (Article 2). However, the foregoing implied renewal shall not apply to a lessee who clearly violates his/her obligations as a lessee (Article 3).”

3. As to the instant case, the fact that the expiration date stipulated in the instant lease agreement was March 13, 2017 is the same.

참조조문

-민법

-주택임대차보호법

-주택임대차보호법 제6조

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