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(영문) 대구지방법원 2019.08.14 2018가단21781
건물인도
Text

1. The Defendant shall deliver to the Plaintiff the 2nd floor of 42.96 square meters among the real estate listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. On April 1, 2008, the Plaintiff’s husband E leased real estate indicated in the attached list to the Defendant as KRW 8,00,000,000, monthly rent of KRW 300,000, and period of lease from April 1, 2008 to March 31, 2010.

B. On December 24, 2014, E and the Defendant agreed to reduce the lease deposit amount to KRW 4,000,000 and not to exchange monthly rent as the second floor of 42.96 square meters (hereinafter “instant real estate”) among the real estate indicated in the attached list on the attached list.

(hereinafter “instant lease agreement”). The lease term was set at 24 months.

C. On June 17, 2015, the Plaintiff succeeded to the lessor’s status as a lessor after receiving the real estate listed in the attached list from E.

On July 30, 2018, the Plaintiff sent a notice of termination of the lease agreement to the Defendant, and the said notice was served to the Defendant on the following day.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, video, purport of whole pleadings

2. Determination as to the cause of action

A. Article 4(1) of the Housing Lease Protection Act provides that "a lease, the term of which is not fixed or the term of which is fixed as less than two years, shall be deemed two years." Article 6(1) of the same Act provides that "If a lessee fails to notify the lessee of a refusal to renew the lease within six months to one month prior to the expiration of the term of the lease or to notify the lessee that he/she would not renew the term without changing the terms and conditions of the lease, the lease shall be deemed to have been renewed under the same conditions as the former one at the expiration of the term of the lease." Article 4(2) of the same Act provides that "the term of the lease in case of

B. According to the above facts, the lease of this case seems to have been renewed twice after the term of lease expires.

However, on August 1, 2018, the Plaintiff notified the Defendant of the termination of the lease contract.

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