(영문) 서울동부지방법원 2015.04.22 2014나4653

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(영문) 서울동부지방법원 2015.04.22 2014나4653

건물명도

Text

1. Of the judgment of the first instance court, the part against the plaintiff falling under the following order for implementation shall be revoked.

The defendant.

Reasons

1. Determination on the cause of the claim

A. 1) On February 23, 2011, the Plaintiff: (a) on February 23, 201, the real estate listed in the attached Table 1 (hereinafter “601”) to the Defendant.

) The lease deposit amount of KRW 70 million, monthly rent of KRW 300,000,000, and the lease term was set from March 17, 201 to March 16, 2012 (hereinafter “the above lease contract between the Plaintiff and the Defendant”) and leased it (hereinafter “the instant lease contract”).

(2) At the time of the instant lease agreement, the Plaintiff and the Defendant agreed not to pay the rent separately, and the Defendant paid the lease deposit to the Plaintiff and completed the move-in report around March 11, 2013, while residing in 601 until now.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2-1, the purport of the whole pleadings

B. Determination 1) The Plaintiff and the Defendant set the term of the instant lease agreement as one year from March 17, 201 to March 16, 2012, but Article 4 of the Housing Lease Protection Act provides that the term of the lease, the term of which is less than two years, shall be deemed two years until March 16, 2013. Accordingly, Article 6 of the Housing Lease Protection Act provides that the term of the lease shall be deemed two years; (2) further, if the lessor fails to notify the lessee of the refusal of the renewal within six months to one month before 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 of the lease, it shall be deemed that the lease was renewed under the same conditions as the former term at the expiration of the term of the lease, and that the term of the lease shall be deemed two years. Thus, the Plaintiff’s refusal to renew the lease agreement from March 16, 2013 to September 17, 2012, without any evidence.

참조조문

-주택임대차보호법 제4조

-주택임대차보호법 제6조

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