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(영문) 부산지방법원 동부지원 2018.05.03 2017가합105981
건물명도(인도)
Text

1. The defendant shall receive KRW 450,000,000 from the plaintiff, and at the same time real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On March 3, 2015, the Plaintiff entered into a lease agreement with the Defendant, setting the lease term as the lease deposit amount of KRW 450 million and the lease term from April 27, 2015 to April 26, 2017, on the real estate attached to the Plaintiff’s ownership (hereinafter “instant apartment”).

(hereinafter “instant lease agreement”). B.

Even after the term of the above lease agreement expires on April 26, 2017, the Defendant continues to reside in the apartment of this case by the date of the closing of the argument in this case.

【Ground for recognition】An absence of dispute, and description of Gap's 1 and 2

2. As seen earlier, the Plaintiff’s judgment on the cause of the claim delivered the apartment of this case to the Defendant pursuant to the instant lease agreement, and the fact that the lease contract term of this case expires is recognized.

Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant apartment to the Plaintiff at the same time with the refund of the above lease deposit from the Plaintiff.

3. Judgment on the defendant's defenses to renew the lease agreement

A. The defendant asserts that the lease contract of this case was implicitly renewed pursuant to Article 6 (1) of the Housing Lease Protection Act, since the plaintiff expressed his intention to sell the apartment of this case to the defendant, and there was no declaration of intention to refuse to renew the lease contract of this case.

B. Article 6(1) of the Housing Lease Protection Act provides that “If a lessee fails to notify the lessee of a refusal of the renewal or to notify the lessee of a refusal of the renewal without changing the terms and conditions of the lease within the period from six months to one month before the expiration of the lease term, the lease shall be deemed to have been renewed under the same conditions as the former lease at the expiration of the lease term.”

C. The following facts are acknowledged when Gap evidence 4, 5-1 and Eul evidence 1, and the testimony of the witness C added the purport of the whole pleadings, and the defendant is acknowledged.

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