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(영문) 서울서부지방법원 2020.10.15 2020가단4143
건물명도
Text

1. For the plaintiffs:

A. The Defendants deliver apartment buildings listed in the separate sheet;

B. Defendant C shall start on May 15, 2020.

Reasons

1. Determination on the cause of the claim

A. (1) The Plaintiffs are owners of apartments listed in the attached Table (hereinafter “instant apartment”) and have leased the instant apartment from September 14, 2017 to February 14, 2019 to the Defendants’ husband and wife.

The former owner of the instant apartment from February 15, 2014, leased the instant apartment to the Defendants’ husband and wife from February 15, 2014, and the Plaintiffs succeeded to the status of the lessor.

On January 26, 2019, the date of expiry of the lease as above, the Plaintiffs: (a) on January 26, 2019, the deposit amount of KRW 500,000, monthly rent of KRW 3,400,00 (the monthly rent of KRW 40,800,00 for one year shall be paid in advance; and (b) on May 2019, the remaining six months shall be paid by the end of May 201); (c) the lease period was renewed by setting the lease period from February 15, 2019 to February 14, 202.

(2) The Defendants’ husband and wife have leased the instant apartment and had resided therein, and are currently residing therein.

(3) Defendant C paid the monthly rent to the Plaintiffs by May 14, 2020, and thereafter did not pay the monthly rent.

[Reasons for Recognition] There is no dispute, entry in Gap-1 or Gap-5, the purpose of the whole pleading

B. (1) The plaintiffs asserts that the term of lease on the apartment of this case between the defendant C has expired (the first expiration date is February 14, 2020, which was extended by the plaintiffs on April 14, 2020) and thus, the plaintiff sought payment for delivery of the apartment of this case and the unpaid rent.

Article 4 (1) of the Housing Lease Protection Act provides that "a lease, the period of which is not fixed or the period of which is less than two years, shall be deemed two years: Provided, That a lessee may assert that the period of which is less than two years is valid." Thus, the period of lease of the apartment of this case shall be deemed from February 15, 2019 to February 14, 2021. Therefore, the plaintiffs' assertion that the period of lease expires is with merit.

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