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(영문) 울산지방법원 2017.02.22 2016가단13566

부동산명도 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On March 5, 2004, the Plaintiff and D, each of the co-owners of one-half shares of the one-half shares in Ulsan-gu, Ulsan-gu (hereinafter “instant land”) entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 30 million and the lease period of KRW 5 million from March 5, 2004 (hereinafter “instant lease agreement”).

E and F completed the registration of transfer of shares due to inheritance due to the division by agreement with respect to one-half shares of the instant land owned by D on May 4, 2012, and on January 12, 2016, the registration of transfer of shares was completed to G who is the husband of the Defendant with respect to the said shares.

On January 5, 2016, the Plaintiff notified the Defendant of the purport that the instant lease agreement, which was implicitly renewed, will be terminated without any further renewal.

2. The Plaintiff’s assertion that the instant lease agreement was terminated in accordance with the Plaintiff’s notice of termination of the contract, and the Defendant is obligated to remove the building constructed on the instant land and deliver the land to the Plaintiff.

3. Determination of the co-owner's act of leasing the article jointly owned to another person and the act of cancelling the lease agreement constitutes the act of management of the article jointly owned, and thus, determination of a majority of co-owners' shares should be made pursuant to the main sentence of Article 265 of the Civil Act (see, e.g., Supreme Court Decision 62Da1, Apr. 4, 1962). Since a lessor, the co-owner of a commercial building governed by the Commercial Building Lease Protection Act, notifies the lessee of the refusal of renewal under Article 10 (4) of the same Act, the act of notifying the lessee of the refusal of renewal is the termination of the lease, such

(See Supreme Court Decision 2010Da37905 Decided September 9, 2010). Meanwhile, in cases of implied renewal under Article 639 of the Civil Act, the lessor’s refusal of renewal by raising an objection within a reasonable period of time is also a lease agreement.