건물명도
1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. The costs of the lawsuit after the appeal is filed.
1. The reasoning of this court concerning the judgment on the main claim is the same as the reasoning of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.
[This case’s lease contract is not subject to the above Act pursuant to the proviso of Article 2(1) of the Commercial Building Lease Protection Act, but is subject to the application of Article 2(3) and Article 10(1) of the Commercial Building Lease Protection Act, which was newly established on February 1, 2014 on August 13, 2013, and thus, the Defendant is entitled to demand renewal of the contract under the Commercial Building Lease Protection Act. In addition, according to the statement of subparagraph B(1), the Plaintiff and C’s dialogue on February 1, 2016 mainly falls within the scope of increase in rent after renewal on the premise of renewal of the lease contract in this case’s renewal. In light of the overall contents of this conversation and the fact that the Defendant sent to the Plaintiff a certificate that “the request for renewal of the contract under the present conditions” was required on February 26, 2016 (Evidence 2). Thus, it is determined that the Plaintiff’s claim for renewal of the lease contract in this case’s behalf of the Defendant 2, etc.
A. The Plaintiff’s assertion that “Although the instant lease contract was renewed upon the Defendant’s request for the renewal of the contract against the Plaintiff, since the Defendant’s sales have increased rapidly compared to the initial period of the contract, and thus, the rent agreed upon at the time of the conclusion of the instant lease contract became unreasonable. Since the Plaintiff claimed that the Plaintiff would increase the rent from KRW 3.5 million to KRW 5 million after the renewal of the contract, the rent of the instant lease contract was modified after the renewal.”
B. Article 10-2 of the Commercial Building Lease Protection Act is to renew the lease agreement exceeding the amount guaranteed under the proviso to Article 2(1).