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1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. Facts of recognition;
A. On September 3, 2013, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit of KRW 130,000,000 with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”) and for the term of lease from October 21, 2013 to October 20, 2015, and delivered the instant apartment to the Defendant on October 21, 2013.
B. On June 25, 2015, the Plaintiff sent a text message to the Defendant, “I want to send it to a house with a due maturity due to the said maturity. I must know and take it off. I must do so.” The said text message sent to the Defendant around that time.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 3
2. The Housing Lease Protection Act provides that if a lessor fails to notify the lessee of a refusal of the renewal, or to notify the lessee that he/she would not renew the lease without changing the terms and conditions of the lease, the lease shall be deemed to have been renewed under the same conditions as the former one at the time the term expires (Article 6 (1) of the Housing Lease Protection Act), and in such cases, the term of the lease shall be deemed two years (Article 6 (2) of the same Act).
In light of the above provisions, if we look at the contents of the above text message, i.e., (i) the Plaintiff sold the apartment of this case to the Defendant on the ground that the above lease contract will be terminated by the expiration of the expiration of the period, i.e., the Plaintiff’s sale of the apartment of this case to the other party. Thus, the Defendant can sufficiently know the fact that the Plaintiff would sell the apartment of this case to the third party without the termination of the lease contract, and (ii) at the time of the expiration of the lease contract in light of the general transaction concept, the lessor expressed the lessee’s intention to sell the leased object to the third party.