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1. The Defendant’s KRW 30,000,000 and its amount shall be 5% per annum from April 30, 2019 to August 23, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 18, 2016, the Plaintiff entered into a contract with the Defendant to lease (hereinafter “instant lease contract”) the lease deposit amount of KRW 330,000,000 with respect to the Seoul Gangnam-gu Seoul Building D (hereinafter “instant loan”) and the lease period of KRW 24 months from November 26, 2016. At that time, the Plaintiff paid KRW 330,000,000 to the Defendant and received delivery of the instant loan.
B. On November 13, 2018, before 12 days prior to the expiration of the lease term, the Plaintiff notified the Defendant of the refusal to renew the lease contract, and then notified the Defendant of the termination of the instant lease contract on January 29, 2019.
C. On February 27, 2019, the Plaintiff delivered the instant loan to the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
(a) If a lessor fails to notify the lessee of a refusal to renew the lease, or to notify the lessee that he/she will not renew the contract without any change in the terms and conditions, six months to one month before the term of the lease expires, it shall be deemed that the lease was renewed under the same conditions as the former one at the time the term expires, and the same shall apply where the lessee fails to notify by one month before the term of the
(See Article 6(1) of the Housing Lease Protection Act (see Article 6(1)). However, even if the Plaintiff notified the Defendant of the rejection of renewal on November 13, 2018, which was 12 days prior to the expiration of the term of lease, it is not notified by one month prior to the expiration of the term of lease, and thus, the term of the instant lease should be deemed renewed on the same condition as November 26, 2016, when the term of the lease expires.
In such cases, the term of lease shall be deemed two years (see Article 6 (2) of the Housing Lease Protection Act), and the lessee may terminate the contract with the lessor at any time.