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(영문) 대구지방법원 2015.04.28 2014가단44519
원상회복및건물인도
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 23, 2013, the Plaintiff concluded a contract to purchase a building indicated in the attached list from Nonparty C, and completed the registration of ownership transfer in the name of the Plaintiff on April 29, 2013.

B. On June 8, 2012, the Defendant concluded a lease agreement with Nonparty C with respect to the third floor of the building indicated in the attached list (hereinafter “instant housing”).

Deposit: The lease term of KRW 30 million: Where the lease contract is terminated from June 8, 2012 to June 7, 2014, the house in this case shall be restored to the original state, and the lessor shall return it to the lessor, and the lessor shall repay the bond.

Damage, etc. caused by the care by the care of the lessee shall be restored to the original state before the directors.

Before two months prior to the directors, the tenant must notify the lessor of the lease, and the lessee shall be appointed by the principle of tax calculation.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Summary of the parties' arguments;

A. On May 30, 2014, the Plaintiff and the Defendant agreed to extend the instant lease agreement by up to three months.

In addition, the defendant found the plaintiff on August 18, 2014 and requested the return of the deposit with the plaintiff on September 2, 2014.

Therefore, since the lease contract of this case was terminated, the defendant is obligated to deliver the house of this case to the plaintiff.

In addition, since the defendant did not know the housing of this case, 751,120 won was incurred in the process of receiving a complaint from the non-party D who entered into a lease agreement with the plaintiff on the housing of this case.

B. Defendant’s instant lease agreement was implicitly renewed, thereby, the term of lease was up to June 7, 2016.

3. Determination

A. The instant house under the Housing Lease Protection Act is a house to which the Housing Lease Protection Act applies.

Article 6 (1) of the Housing Lease Protection Act does not notify the lessee of the refusal of the renewal within the period from six months to one month before the expiration of the lease term.

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