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1. The Defendant’s KRW 6.5 million and the Plaintiff’s annual rate from July 5, 2015 to August 12, 2015, and the next day.
Reasons
1. Basic facts
A. On August 18, 2012, the Plaintiff entered into a lease agreement with Nonparty C and C with respect to the lease deposit amounting to KRW 6.5 million, the lease period from September 5, 2012 to September 4, 2014 (hereinafter “instant lease agreement”), and resided in the said real estate upon delivery.
B. C concluded a sales contract with the Defendant on June 26, 2014 with respect to the instant real estate, and C succeeded to the status of the lessor, including the obligation to refund the lease deposit to the Plaintiff, etc., and the Defendant completed the registration of ownership transfer on August 26, 2014.
C. On November 17, 2014, the Plaintiff continued to use the instant real estate even after the expiration of the instant lease agreement, and sent to the Defendant a certificate of the content that “to terminate the instant lease agreement which was implicitly renewed, and to demand the return of the lease deposit,” and the Plaintiff sent a new certificate of the same purport on November 28, 2014.
The Plaintiff applied for the order of lease registration of housing as Busan District Court 2015Kaga431 and was ordered to issue a registration order on February 25, 2015. On July 4, 2015, the Plaintiff ordered the Defendant to issue an order on the instant real estate.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3 (including each number; hereinafter the same shall apply), Eul evidence 1 to 3, the purport of the whole pleadings
2. Determination
(a) Article 6 of the Housing Lease Protection Act: Where a lessor fails to notify the lessee of a refusal of the renewal within six months to one month prior to the expiration of the lease period, or to notify the lessee that he/she would not renew the lease without changing the terms and conditions, the lease shall be deemed to have been renewed under the same conditions as the former one at the expiration of the lease period, and the lessee fails to notify the lessee one month prior to the expiration of the lease period;