건물인도청구의 소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Facts of recognition;
A. On April 29, 2014, the Defendant concluded a lease contract with Nonparty C for the lease deposit of KRW 50,000,000, monthly rent of KRW 6,000,000, and the lease period from May 1, 2014 to April 30, 2015 with respect to the instant building (hereinafter “instant lease contract”) as indicated in the separate sheet, and the lease contract was concluded between Nonparty C and C until April 30, 2016 (hereinafter “the instant lease contract”). After that, the lease contract was maintained by implied renewal.
B. On April 29, 2017, the Plaintiff, including the instant building, purchased a living facility consisting of the 3rd floor of the Do steel reinforced concrete slve roof (39.31 square meters in the underground floor, 9.04 square meters in the first floor, 104.89 square meters in the second floor, 104.89 square meters in the third floor, 104.89 square meters in the third floor, and 24.23 square meters in the rooftop) and succeeded to the lessor’s status against the Plaintiff as the owner of the instant building.
[Reasons for Recognition] No. 1, 2, Eul's each entry in No. 3, and the purport of the whole pleadings, without dispute,
2. The party's assertion and judgment are that the defendant is obligated to deliver the building of this case to the plaintiff, since the contract of this case was terminated at the expiration of the term.
On the contrary, the Defendant asserted that the instant building is a commercial building, and the instant building is still in existence, by exercising the right to request renewal of the contract on May 20, 2019, pursuant to Article 10(2) of the Protection of Building Lease Act, and thus, the instant lease contract cannot be complied with the Plaintiff’s request for extradition.
Therefore, Article 10(2) of the Commercial Building Lease Protection Act provides that lessee of a commercial building may exercise the right to request renewal of the contract within the extent that the whole period of lease including the initial period of lease does not exceed ten years. According to this, the defendant can exercise the right to request renewal of the contract from May 1, 2014 to April 30, 2024, which is the initial period of lease.