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(영문) 서울중앙지방법원 2017.11.14 2017나21748
건물명도
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. The reasons why the court should explain by the court of first instance are the 6th judgment of the court of first instance.

The main text of Article 420 of the Civil Procedure Act is the same as the corresponding part, except for the use from the part of paragraph (1) to the following.

3. The part to be mard; and

B. (1) Whether the lease of this case is terminated (1) whether the lease of this case is terminated (1) the lease of this case set the lease term as one year in the renewal agreement dated April 23, 2012.

As seen in the foregoing paragraph, the lease term following the renewal pursuant to Article 4(1) and (10) of the Housing Lease Protection Act shall be two years. Thus, the lease term of the instant lease renewed on April 23, 2012 is from April 23, 2012 to April 22, 2014.

(2) As the Plaintiff did not notify Defendant B of the refusal of renewal or notify Defendant B of the purport that it would not renew the contract without changing the contract terms during the period from six months to one month before the above lease term expires, pursuant to Article 6(1) and (2) of the Housing Lease Protection Act, the lease of this case was implicitly renewed under the same condition as the former lease for two years from April 23, 2014 to April 22, 2016, the day following the expiration date of the lease term.

(3) On December 1, 2015, the Plaintiff notified Defendant C, an agent of the Defendant B, of the need to adjust the lease deposit for the instant lease agreement. On March 22, 2016, the Plaintiff agreed with Defendant C to increase the lease deposit to KRW 890 million and to prepare the contract in April 22, 2016. However, on March 31, 2016, the Plaintiff notified Defendant C of his/her intention not to renew the instant lease. The Defendant C, on April 1, 2016, notified the Plaintiff of his/her implied renewal on the same condition as the former lease.

According to this, the contract between the plaintiff and the defendant B on April 1, 2016 is renewed on March 22, 2016.

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