(영문) 대구지방법원 2017.10.12 2017나2739 | 리걸엔진

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(영문) 대구지방법원 2017.10.12 2017나2739

임차보증금반환

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On January 8, 2014, the Plaintiff concluded a lease agreement with the Defendant on a fixed basis as between January 16, 2014 and January 15, 2016 (hereinafter “instant lease agreement”) with the term “20,000,000, and the term of lease from January 16, 2014 to January 15, 2016, and paid all the above lease deposit to the Defendant.

B. On February 16, 2016, the Plaintiff expressed his/her intent to terminate the lease contract to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 3 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff asserts that the instant lease contract was terminated by expiration or termination of the contract.

As to this, the defendant asserts that the lease contract of this case is implicitly renewed and the lease term of this case has not been terminated.

According to Article 6 (1) of the Housing Lease Protection Act, the lease contract shall be implicitly renewed, and the term of the lease shall be two years if the lessee fails to notify the lessor of the refusal to renew or to notify the lessor that the lessee would not renew without changing the terms and conditions of the contract one month prior to the expiration of the term of the lease.

However, the evidence submitted by the Plaintiff alone is insufficient to recognize the fact that the Plaintiff notified the Defendant of the refusal to renew the instant lease agreement one month prior to the expiration of the above lease term, and there is no other evidence to acknowledge it.

Meanwhile, according to Article 6-2 of the Housing Lease Protection Act, where a lease contract is renewed as above, the lessee may notify at any time the lessor of the termination of the contract, and the termination shall take effect three months after the lessor is notified of the termination. The Plaintiff expressed his/her intention to terminate the lease contract to the Defendant on or around February 16, 2016.

Defendant also on October 2016

참조조문

-주택임대차보호법 제6조 제1항

-주택임대차보호법 제6조의2

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