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(영문) 부산지방법원 2020.05.29 2019나58933
임대차보증금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for cases of dismissal or addition as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Under the second sentence of the judgment of the first instance, the part to be mard or added is as follows: “Fence on July 19, 2018” and the 6th sentence below is as follows: “Fence on June 28, 2018” and the 5th sentence “Fence on August 19, 2018 after the lapse of 3 months”.

The 3th to 13th of the first instance judgment shall be followed as follows.

Comprehensively taking account of the overall purport of evidence No. 2 and evidence No. 3, the instant lease agreement terminated on or around January 18, 2018, but the Plaintiff continued to reside in the instant house and paid monthly rent to the Defendant until July 2018, and the Defendant did not raise any objection thereto. The fact that the Plaintiff notified that he/she would be a director to the licensed real estate agent C, the Defendant’s agent around June 28, 2018 is not a dispute between the parties. According to the foregoing facts, the instant lease agreement was implicitly renewed on or around January 18, 2018 (the Plaintiff demanded the reduction of monthly rent to the Defendant on or around January 12, 2017, the expiration date of the instant lease agreement, but there is no dispute between the parties, and it is difficult to view that the Plaintiff’s request for the renewal of the lease agreement does not constitute “the renewal of the lease agreement” under Article 6(1) of the Housing Lease Protection Act without notifying the Plaintiff’s refusal of the aforementioned request.

The Plaintiff’s notification of termination to C around June 28, 2018 is reasonable to deem that it was lawfully terminated around September 28, 2018 when three months have elapsed from the date of termination pursuant to Article 6-2(1) and (2) of the Housing Lease Protection Act.

Therefore, this case.

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