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1. Each of the plaintiffs' claims is dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The Plaintiffs, on October 15, 2012, set the real estate listed in the attached Table (hereinafter “instant apartment”) as the deposit amount of KRW 300 million and the lease period from October 27, 2012 to October 27, 2014, leased to the Defendant, and received KRW 300 million lease deposit from the Defendant under the said lease contract (hereinafter “instant lease contract”) and delivered the apartment case to the Defendant on October 27, 2012. The Defendant completed the move-in report at that time, and the fact that the Defendant occupied the apartment in the instant apartment until the expiration of the lease period does not conflict between the parties.
2. The assertion and judgment
A. On July 13, 2014, the Plaintiffs notified the Defendant of the refusal to renew the instant lease agreement. Since the instant lease agreement has expired on October 27, 2014, the Defendant is obligated to receive KRW 300 million each lease deposit from the Plaintiffs, and at the same time to order the Plaintiffs to order the instant apartment. 2) Even if the Plaintiffs did not explicitly notify the Plaintiffs of the refusal to renew the lease agreement, the Defendant’s act of seeking a statement that the Plaintiff would sell the instant apartment to others can be deemed to have ratified the Plaintiffs’ refusal to renew the lease agreement or to have waived the contract. Thus, the instant lease agreement terminated on October 27, 2014.
B. The Housing Lease Protection Act provides that when a lessor fails to notify a lessee of the rejection of renewal 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, and the period shall be deemed two years.
According to the statements in Gap evidence Nos. 1 and 6-3, and witness evidence D, the plaintiff A bears the apartment of this case to the defendant.