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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On March 26, 2014 between the Plaintiff and C Co., Ltd. (hereinafter “C”), a lease agreement (a certificate No. 1; hereinafter “instant lease agreement”) was formulated between the Plaintiff and C Co., Ltd. (hereinafter “C”), whereby the Plaintiff set the number of 402 Dong-dong 1203 (hereinafter “instant building”) from the delivery date to April 9, 2015 from the delivery date of the lease term to lease KRW 80,000 (hereinafter “instant lease agreement”).
B. The special terms and conditions of the instant lease agreement stipulate, “5. The term of the contract shall be one year at the request of the lessee, but if the lessee claims an additional one-year extension, 5% of the monthly rent shall be increased and leased. 7. Other matters shall be governed by the Housing Lease Protection Act.” The Plaintiff was returned the instant building on or around June 5, 2015.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Summary of the parties' arguments
A. The Plaintiff’s instant lease agreement was implicitly renewed by April 5, 2016 on condition that the lessee pays 8,40,000 won for monthly rent increased by 5%. The Defendant paid only the rent for the last three months around June 5, 2015, and unilaterally removed from the instant building.
However, Article 6-2 of the Housing Lease Protection Act cannot be applied to the case where the defendant entered into the instant lease agreement under the name of C corporation, and the provision of Article 6-2 of the Housing Lease Protection Act to the effect that "if an implied renewal is made, it shall be terminated three months after the date when the lessor was notified of the termination
Therefore, on the following grounds, the Defendant: (a) 80,000 won in arrears (=(840,000 won - 840,000 won) x 2 months) among the monthly rent of May 2015 and June 8, 2015 to the Plaintiff; (b) 8,40,000 won in arrears for ten months from July 2015 to April 2016 (=840,000 won in arrears x 10 months); (c) 870,000 won in arrears from April 5, 2015 to April 4, 2016.