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(영문) 대법원 1969. 1. 28. 선고 68다1537 판결

[가옥명도][집17(1)민,106]

Main Issues

In the case of a lease with a term agreement, unless there is a special reason, the lease shall terminate if it is not necessary to give prior notice or terminate the lease, unless the period expires.

Summary of Judgment

In the case of a lease with a term agreement, unless there is a special reason, the lease shall terminate if it is not necessary to give prior notice or terminate the lease, unless the period expires.

[Reference Provisions]

Article 636 of the Civil Act

Plaintiff-Appellee

Plaintiff

Defendant-Appellant

Defendant

Judgment of the lower court

Gwangju High Court Decision 68Na129 delivered on July 10, 1968

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds for appeal are examined.

In the case of a lease with a term agreement, unless there is a special reason, the lease is terminated without a prior peremptory notice or termination, and the lessee is obligated to return the leased object to the lessor. Thus, possession after the termination of the lease becomes illegal. The arguments are groundless.

Therefore, it is so decided as per Disposition by the assent of all participating judges.

[Judgment of the Supreme Court (Presiding Judge) Dog-Jak Kim Gyeong-ri, Kim & Kim

심급 사건
-광주고등법원 1968.7.10.선고 68나129
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