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(영문) 울산지방법원 2018.05.23 2017가단65694
건물인도 청구의 소
Text

1. The defendant shall deliver to the plaintiff 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. On December 12, 2014, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant apartment”) to the Defendant as KRW 60,800,00 for rental deposit, and the lease term “from December 12, 2014 to January 31, 2017,” and “the instant lease contract” (hereinafter “instant lease contract”).

(5) The main contents of the instant lease agreement are as follows. 5. The lessor may rescind or terminate the instant lease agreement if the lessee commits an act falling under Article 9 (1) of the General Conditions for Contracts:

11. Where he/she has violated any of the obligations under the standard form lease contract.

6. Article 1 (Renewal of Lease Contract) (1) A lessor may renew a lease contract on a two-year basis with a lessee who meets the requirements for occupancy of newly-built multi-household rental housing, such as a homeless householder, and a two-year unit.

In such cases, the lessee shall accept the terms and conditions of the lease deposit, etc. determined by the lessor and notify the lessee of the intention to renew the lease at least one month prior to the expiration date.

B. The defendant is residing in the apartment of this case from around that time until the day of closing argument of this case.

C. The Plaintiff notified the Defendant that the lease contract should be renewed several times prior to the expiration of the lease term of this case, but was not notified by the Defendant of his intention of renewal.

On May 24, 2017, the Plaintiff: (a) notified the Defendant on May 24, 2017 that “In the event that the contract is renewed by June 23, 2017, the Plaintiff did not renew the contract despite the expiration of the contract term of the instant lease; (b) paid the increased deposit for lease (including overdue charge) and entered into the contract, and if the contract is not wanting to renew the contract, the Plaintiff notified the Defendant of the application for the termination of the lease as the shipment; (c) but

6. 26. The Defendant again notified the above contents ( August 4, 2017) to the Defendant, but renewed by the Defendant.

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