건물명도
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. In the first instance trial, the Plaintiff filed a claim for extradition and damages against the Defendant for each of the buildings listed in the attached Table 1-A and (b). The first instance court accepted only the claim for extradition of the buildings listed in the attached Table 1-A, and dismissed each of the remaining claims.
Since only the Defendant appealed against this part of the lost part, the subject of this Court’s adjudication is limited to the claim for extradition of the building listed in the attached Table 1(a) cited in the first instance trial as above.
2. The court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. Determination as to the claim for extradition of a household building
A. According to the above facts finding as to the cause of the claim, the first and second lease agreements are finally concluded from December 31, 2012 to December 31, 2015, on which the lease agreement was concluded, and thus, the expiration of the period from December 31, 2015, and thus, the Defendant is obliged to deliver the provisional building to the Plaintiff, barring special circumstances.
B. The Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Act”) shall apply to the Defendant’s assertion 1 and 2 lease agreements. As such, the Defendant may demand the Plaintiff to renew the contract pursuant to Article 10(1) of the Commercial Building Lease Act, and the Plaintiff did not notify the Plaintiff of the refusal of the contract between six months and one month before the expiration of the lease term under the above 1 and 2 lease agreement, each of the above lease agreements was renewed in accordance with Article 10(4) of the Commercial Building Lease Act.
B. Where the Civil Act applies to the first and second lease contracts, the termination shall take effect at the expiration of six months after the defendant was notified of the termination pursuant to Article 635(2) of the Civil Act, and the defendant shall also have the leased object even after the contract period expires.