(영문) 서울남부지방법원 2021.02.04 2020가단279955

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(영문) 서울남부지방법원 2021.02.04 2020가단279955

건물인도

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1. The defendant shall receive KRW 190,000,000 from the plaintiff, and at the same time real estate stated in the attached list to the plaintiff.

Reasons

1. In full view of the purport of the entire argument in Gap evidence No. 1 as to the cause of the claim, the Plaintiff leased real estate listed in the separate sheet (hereinafter “the apartment of this case”) to the Defendant on March 2, 2010, with the period from April 22, 2010 to April 21, 2012, after setting the deposit amount of KRW 170,000,000,000, and the period from April 25, 2012 from April 25, 2012 to April 25, 2012 to April 25, 2014; from May 25, 2014 to April 30, 208; and from May 20, 2014 to May 25, 2015; and from May 26, 2016 to May 20, 2016 to June 16, 2015.

The lease was terminated on May 2, 2020 after the lapse of two years from the term of existence stipulated in Article 6(2) of the Housing Lease Protection Act.

On the other hand, the defendant's argument includes the purport that the plaintiff cannot respond to the plaintiff's request for delivery until the deposit is returned.

Therefore, the defendant is obligated to deliver the apartment of this case to the plaintiff at the same time with the return of KRW 190,000,000 from the plaintiff, except in extenuating circumstances.

2. As to the defendant's assertion, the defendant asserts that the above lease was implicitly renewed on May 1, 2020.

Where a lessor fails to notify the lessee of the refusal of the renewal, or to notify the lessee that he/she would not renew the contract without any change in the terms and conditions, six months to two months 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.

In such a case, the term of lease shall be two years (Article 6(1) and (2) of the Housing Lease Protection Act). In full view of the evidence No. 5 and the purport of the entire pleadings in the statement No. 2 of the evidence No. 2 of the Housing Lease Protection Act, the term of lease shall be two months from November 3, 2019, which is six months before the termination of the lease.

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