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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. On February 23, 2011, the Plaintiff leased real estate listed in the attached list (hereinafter “instant apartment”) to the Defendant with the lease deposit of KRW 70 million, monthly rent of KRW 300,000, and the lease term from March 17, 201 to March 16, 2012.
(hereinafter, the above lease contract between the Plaintiff and the Defendant is called the “instant lease contract.”
At the time of the instant lease agreement, the Plaintiff and the Defendant agreed not to pay the rent separately, and the Defendant paid the lease deposit to the Plaintiff, and the Defendant is living in the instant apartment, and completed the move-in report on the instant apartment around March 11, 2013.
[Ground for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 2-1, the purport of the whole pleadings]
2. The assertion and judgment
A. The plaintiff asserts that the contract of this case was terminated due to the expiration of the period, and the defendant sought the order of the apartment of this case to the defendant, while the defendant asserts that the contract of this case remains in an implied renewal under the Housing Lease Protection Act, and that the plaintiff cannot respond to the plaintiff's request for clarification.
(b) Article 4 of the Housing Lease Protection Act [Lease Period, etc.] (1) The lease period which is not fixed or fixed to be less than two years shall be deemed two years;
Provided, That the lessee may claim that the period determined to be less than two years is valid.
Article 6 [Renewal of Contract] (1) If a lessor fails to notify the lessee of the refusal of the renewal within six months to one month before the expiration of the term of the lease, or to notify the lessee that he/she would not renew the term without changing the term of the lease, the lease shall be deemed to have been renewed under the same conditions as the former one at the expiration of the term
The same shall also apply where a lessee fails to notify one month before the lease term expires.
(2)