Text
1. The defendant shall order the plaintiff to write down the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. Basic facts
A. The Plaintiff is the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”).
On December 16, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) between the Defendant and the lease deposit amount of KRW 1.1 billion with respect to the instant real estate, and between February 26, 2018 and February 25, 2020 with respect to the lease agreement period (hereinafter “instant lease agreement”).
B. The Defendant shall pay KRW 1,030,000,000 calculated by deducting KRW 70,000,000, which is the creditor’s claim, which is the amount claimed by the creditor who seized the instant real estate, by claiming a claim against the Plaintiff out of KRW 1.1 billion of the lease deposit under the instant lease agreement. The Defendant occupied and used the instant real estate from February 22, 2018.
[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings
2. Determination as to the Plaintiff’s claim for surrenderation of real estate of this case
A. 1) On January 6, 2020, the Plaintiff notified the Defendant of the refusal to renew the instant lease agreement, and accordingly, the instant lease agreement terminated on February 25, 2020, and the Defendant is obligated to issue an order to the Plaintiff. 2) The Defendant’s notification of the refusal to renew the lease agreement to the Defendant one month prior to the expiration of the lease term or without changing the terms and conditions of the lease, and thus, the instant lease agreement was renewed in accordance with Article 6 of the Housing Lease Protection Act, and thus, the Plaintiff’s request for clarification is without merit.
B. First, we examine the validity of the instant lease agreement.
1) The provisions pertaining to the renewal of a contract under the Housing Lease Protection Act (Act No. 9653, May 8, 2009), which applies at the time when the lease contract of this case is concluded and the term expires, are as follows. Article 6 (Renewal of a contract) ① The lessor does not notify the lessee of the refusal of renewal (the refusal of renewal) during the period from six months to one month before the term of the lease expires.