건물명도
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The issue of this case cited in the judgment of the court of first instance is whether or not the right to request the renewal of a contract under Article 10(1) of the Commercial Building Lease Protection Act is recognized since the lease agreement concluded between the plaintiffs and the defendants on July 13, 2013 was completely separate from the former lease agreement concluded since February 29, 2004. The reasons for the court’s explanation on this case are the same as the reasons for the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
From six pages 1 to 11 of the first instance court's decision, the following shall be followed:
However, the lessee's right to request renewal of the contract can only be exercised within the extent that the whole period of lease including the initial period of lease does not exceed five years. Therefore, in order to determine the validity of the Defendants' assertion, whether the lease agreement (A9) on July 13, 2013 is a new lease agreement separate from the renewed lease agreement (A6, 7, 8) since it was concluded on February 29, 2004.
However, as seen in the above facts, the first floor store in February 29, 2004, which the Defendants first concluded a lease contract with the Plaintiffs, was stipulated as the object of lease. However, the Defendants continued to use the second floor store in this case as the object of lease, and the fact that the branch store in this case was not entered in the lease contract is merely simple omission. From February 29, 2004 to February 29, 2004, the first floor store and the branch store in this case are maintained in the status of possession of the Plaintiffs.
The warehouse of this case is difficult to be regarded as an independent leased object, and only a space attached to the lease of the first floor store of this case is an incidental space.