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(영문) 창원지방법원 2020.05.21 2019가단125136
건물인도
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On November 7, 2017, the Plaintiff and the Defendant concluded a lease agreement with the Plaintiff as to the building indicated in the attached list owned by the Plaintiff (hereinafter “instant housing”) as the lessor and the Defendant as the lessee from November 1, 2017 to November 10, 2019, with the lease term of KRW 10 million, lease deposit of KRW 10 million, and monthly rent of KRW 700,000 (payment in advance on November 11, 201).

(hereinafter “instant lease agreement”). B.

The Defendant paid 20,000 won each of 70,000 won from November 11, 2017 to September 17, 2019, while residing in the Plaintiff upon delivery of the instant house under the instant lease agreement, and paid 20,000 rent for the 20 term portion (from November 11, 2017 to July 10, 2019), and paid 4 term portion (from July 11, 2019 to November 10, 2019), and did not pay any rent for the 4 term portion (from November 10, 2019).

[Ground of recognition] Facts without dispute, Gap 1 through 3, the purport of the whole pleadings

2. According to the above fact of determination on the cause of the claim, the instant lease contract was terminated on November 10, 2019, and thus, the Defendant is obligated to deliver the instant house to the Plaintiff according to the instant lease contract.

3. The defendant's assertion and the judgment of this case asserted that the lease contract of this case was renewed by agreement between the plaintiff and the defendant, or it was implicitly renewed by the plaintiff on the termination of the lease contract of this case. Thus, the plaintiff's claim cannot be accepted.

First, considering whether the instant lease agreement has been renewed by agreement between the Plaintiff and the Defendant, the Defendant’s assertion alone cannot be recognized, and there is no other evidence to acknowledge it.

Next, whether the instant lease was implicitly renewed or not.

The provisions of Article 6 (1) of the Housing Lease Protection Act shall be deemed to have been implied renewed if a lessor fails to notify the lessee of the refusal of the renewal within one month from six months to one month before the lease term expires.

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