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1. At the request of this court for a change in exchange, the Jeonju District Court rendered assistance to the plaintiff.
Reasons
1. The reasoning for the court’s explanation as to this part of the facts is as follows: “The Plaintiff paid KRW 30,000,000 under the instant protocol to the Defendant on July 15, 2014; and the Defendant paid KRW 30,000 each month from June 2018 to October 2018,” and thus, it is identical to the part of the “basic facts” as stated in the main sentence of Article 420 of the Civil Procedure Act. As such, the Plaintiff cited it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The gist of the grounds for appeal is as follows: (a) the Plaintiff paid KRW 120,000 per month, which is the previous rent, from July 15, 2014, after the termination of the second lease contract; and (b) the Plaintiff and the Defendant paid KRW 30,00 per month thereafter. After the implied renewal of the lease contract between the Plaintiff and the Defendant, even if the Plaintiff is in arrears on two occasions as the instant protocol of mediation is not applicable, it cannot be deemed that the lease contract is reasonable; and (c) the conditions for the enforcement prescribed in the above protocol of mediation are not fulfilled; and (d) the Defendant cannot perform compulsory execution upon the termination of the enforcement force of the said protocol of mediation, and thus, granting the execution clause immediately
3. Determination
A. First, we examine whether the lease contract between the Plaintiff and the Defendant is implicitly renewed.
Article 639(1) of the Civil Act provides that "where a lessee continues to use or benefit from the leased object after the term of lease expires, if the lessor fails to raise any objection within a reasonable period, the lessee shall be deemed to have leased the object under the same conditions as the former one: Provided, That the parties may notify the termination pursuant to the provisions of Article 635," and the lease contract which is implicitly renewed pursuant to the provisions of Article 639(1) of the Civil Act shall be deemed to have been renewed under the same conditions as the former lease except for the term of lease