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1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
Reasons
1. Assertion and determination
A. In addition to the purport of the entire pleadings in evidence Nos. 1 through 3, on March 27, 2014, the Plaintiff entered into a lease agreement with the Defendant for the lease of the real estate listed in the separate sheet (hereinafter “instant apartment”) with the period from May 9, 2014 to May 8, 2016 (hereinafter “instant lease agreement”) and delivered the instant apartment to the Defendant, and on March 10, 2016, the Plaintiff notified the Defendant of the purport that he/she would want to be in office on the condition that he/she would be paid a monthly rent of KRW 500,000,000,000, while maintaining the lease deposit after the expiry of the said lease period. However, the Defendant may each be found to have refused such agreement.
According to the above facts, since the instant lease agreement has expired on May 8, 2016, the Defendant is obligated to deliver the instant apartment to the Plaintiff.
B. As to this, the Defendant asserts that the agreement on monthly rent between the Plaintiff and the Defendant was underway, while the Plaintiff expressed his/her intention to refuse the final renewal of the contract on April 11, 2016, one month before the expiration of the lease term. Thus, the instant lease agreement is implicitly renewed until May 8, 2018 pursuant to Article 6(1) of the Housing Lease Protection Act, and thus, it is impossible to respond to the Plaintiff’s request.
According to Article 6 (1) of the Housing Lease Protection Act, if a lessor fails to notify the lessee of the refusal of the renewal, or to notify the lessee that he/she will not renew 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.
However, in this case, the Plaintiff is additionally paid the monthly rent of KRW 50,000,000 to the Defendant, while maintaining the lease deposit around March 10, 2016, which is one month before the termination of the lease contract.