건물명도(인도)
1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet.
2...
1. Facts of recognition;
A. (1) The Defendant is a person who operates a real estate brokerage office at the instant store since he leased the real estate listed in the separate sheet (hereinafter “instant store”) from the owner C on August 25, 2009.
(2) The Plaintiff purchased the instant store and acquired ownership on January 20, 2017.
B. (1) The period for which the Defendant first leased the instant store from C was one year, but the said contract was implicitly renewed until the following contract was concluded.
(2) On August 27, 2014, the Defendant concluded a contract with C to lease the instant store by August 24, 2016.
After the end of the period, on August 26, 2016, the lease contract was concluded again on August 24, 2018 (hereinafter “instant lease contract”).
(3) The Plaintiff, upon purchasing the instant store, succeeded to the lessor’s status of the instant lease agreement, and sent to the Defendant a document verifying that the Plaintiff refused to renew on May 8, 2018.
2. Determination as to the principal lawsuit
A. According to the facts established on the basis of the judgment on the grounds of the claim, the instant lease was completed on August 24, 2018, and the Defendant is obligated to deliver the instant store to the Plaintiff.
B. (1) The Defendant asserted that the right to demand renewal of the contract is exercised (A) and the Defendant demanded renewal on July 5, 2018, which was one month before the termination of the instant lease agreement, and the Plaintiff cannot be refused [the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Act”)].
Article 10(1) of the Act provides that the store of this case cannot be transferred.
The plaintiff asserts that since the whole term of lease of the defendant exceeds five years, the right to request renewal of the contract cannot be exercised.
(B) Determination: ① Article 10(2) of the Commercial Building Lease Act (Law No. 15791) (amended by Act No. 15791), which extends the period during which a lessee may exercise the right to request the renewal of a contract from the former five years to the ten years, shall be the first time after October 16, 2018 in force.