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(영문) 서울남부지방법원 2016.11.02 2015가단246944
건물명도
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit shall be.

Reasons

The main lawsuit, counterclaim is also considered.

1. On December 26, 2009, the Plaintiff: (a) on December 26, 2009, leased to the Defendant the entire “second floor” (hereinafter referred to as “the instant rental housing”) of the real estate listed in the attached list, with a deposit of KRW 50 million; and (b) during the period from December 30, 2009 to December 30, 201.

[1] Article 5(1) of the lease agreement provides that "if the lease agreement is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor", and the special terms and conditions of the lease agreement submitted by the Defendant on December 30, 2009 also include that "facility costs and premiums are not recognized in entirety."

0 The instant lease agreement had been extended by two years by implied renewal, and it had been extended by December 30, 2015.

[C] 0] On August 11, 2015, the Plaintiff notified the Defendant of his intention of refusal to renew the instant rental housing and demanded the Defendant to clarify the intention of refusal to renew the instant rental housing.

[Attachment 3-2, on the other hand, the Plaintiff’s notification of the name of the building on October 10, 2014 is not a notification of the Plaintiff’s refusal of renewal within the “period from six months to one month before the expiration of the lease term,” and it cannot be deemed a legitimate notification. Article 6(1) of the Housing Lease Protection Act is not a legitimate notification. According to the above recognition 0, it is evident that the instant lease agreement was terminated by the expiration date of December 30, 2015.

0 The Plaintiff did not refund the lease deposit to the Defendant on February 3, 2016, and deposited KRW 50 million as the deposit money under this Court No. 669, which was designated by the Defendant as the depositee in this Court in 2016.

According to the certificate of deposit [A 4], "depositors entered into the instant lease agreement with the deposited person and extended two years by implied renewals, and expired as of December 30, 2015, and the deposited person notified the deposited person of his/her no intent to renew the lease agreement on October 10 and August 11, 2015, respectively.

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