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(영문) 대구지방법원 2019.05.24 2018가단22258
건물명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 8, 2014, the Defendant entered into a lease agreement between C and the owner of the real estate listed in the separate sheet (hereinafter referred to as “instant apartment”) as of October 8, 2014 (hereinafter referred to as “instant lease agreement”) with the lease deposit amounting to KRW 100,000,000,000 monthly rent, from November 2, 2014 to November 1, 2016 (hereinafter referred to as “instant lease agreement”).

B. On July 7, 2017, the Plaintiff entered into a sales contract with C to purchase the instant apartment in KRW 780,000,000, and completed the registration of ownership transfer with respect to the instant apartment on November 7, 201.

C. Meanwhile, the instant lease agreement was explicitly renewed on November 1, 2016, and its expiration date was extended on November 1, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the instant lease contract terminated on November 1, 2018, and thus, the Defendant is obligated to deliver the instant apartment to the Plaintiff, which comprehensively succeeded to the lessor’s status, barring any special circumstances.

B. As to the Defendant’s assertion 1, the Defendant asserted that the Plaintiff did not explicitly express his/her intention to refuse the renewal one month before the termination of the instant lease agreement, and that the instant lease agreement was implicitly renewed until November 1, 2020 pursuant to Article 6(1) of the Housing Lease Protection Act, and thus cannot respond to the Plaintiff’s claim.

According to Article 6 (1) of the Housing Lease Protection Act, if a lessor fails to notify the lessee of the refusal of the renewal, or to notify the lessee that the lessee would not renew the contract without changing the terms and conditions, the lease shall be deemed to have been renewed under the same conditions as the former one at the time the term expires. Thus, the witness D’s testimony alone shall be deemed to have been the same.

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