건물명도(인도)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The court's explanation on this part of the basic facts is the same as the part of the "1. Basic Facts" for the reasons of the judgment of the court of first instance. Thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. The assertion and judgment
A. According to the above facts as to the cause of the claim, the defendant acquired the opposing power as to the store of this case pursuant to Article 3 (1) of the Commercial Building Lease Protection Act (hereinafter "the Commercial Building Lease Protection Act"), and thereafter, the plaintiff succeeded to the lessor's status as to the store of this case pursuant to Article 3 (2) of the Commercial Building Lease Protection Act by purchasing the building of this case from D.
In addition, after the expiration of the lease term on November 1, 2016, the lease term of this case was implicitly renewed pursuant to Article 10(4) of the Commercial Building Lease Act, and the lease term was changed from November 1, 2016 to November 1, 2017 after the lapse of one year pursuant to the proviso of Article 10(4) of the Commercial Building Lease Act (the defendant's assertion that the lease term has been extended to two years due to the implied renewal is without merit). As such, the plaintiff who succeeded to the lessor's status as above was notified the defendant of the refusal of the renewal of the lease of this case on August 4, 2017, by giving written evidence of the contents that he would move from the building of this case to one month prior to the expiration of the lease term.
Accordingly, it is reasonable to view that the instant lease contract was terminated on November 1, 2017 as the expiration of the term.
Therefore, barring any special circumstance, the Defendant is obligated to receive KRW 20,000,000 from the Plaintiff and, at the same time, to order the Plaintiff to issue the instant store.
B. As to the Defendant’s assertion, the Defendant’s summary of the Defendant’s assertion is the period of lease extended by implied renewal of the instant lease agreement (from six months to one month before the expiration of the lease agreement until November 1, 2017), five years to the Plaintiff on August 14, 2017.