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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. At the time of April 30, 2013, the Defendant entered into a lease agreement with C as between the owner of the instant apartment as of April 30, 2013, setting the lease deposit amounting to KRW 120 million and the lease term as of May 15, 2015.
B. On August 22, 2014, the Plaintiff entered into a sales contract with C to purchase the instant real estate with KRW 193 million, and completed the registration of ownership transfer on October 6, 2014.
C. On May 18, 2015, the Plaintiff succeeded to the status of the lessor of the said lease agreement: (a) renewed the said lease agreement with the Defendant to increase the lease deposit amount by KRW 160 million; and (b) concluded a lease agreement with the term of lease by May 27, 2017.
(hereinafter referred to as “instant lease agreement”). [Grounds for recognition] without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings.
2. Determination
A. According to the above fact-finding on the cause of the claim, the instant lease agreement terminated on May 27, 2017, and thus, the Defendant is obligated to deliver the instant apartment to the Plaintiff, barring any special circumstance.
B. As to the judgment on the Defendant’s assertion, the Defendant asserted that the Plaintiff could not respond to the Plaintiff’s claim on the ground that the instant lease agreement was implicitly renewed until May 27, 2019 pursuant to Article 6(1) of the Housing Lease Protection Act, since the Plaintiff did not express his/her intent to refuse the renewal one month before the expiration of the instant lease agreement.
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 he/she would not renew without any change in the terms and conditions of the lease, six months to one month before the lease term expires, the lease shall be deemed to have been renewed under the same conditions as the former one at the time the lease term expires. Accordingly, the respective entries in subparagraphs A through 10 (including the provisional number) and B are set forth in Articles 2 through 2.