beta
(영문) 서울고등법원 2017.09.29 2017나2025602

건물명도

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The court's explanation concerning this case is the same as the statement of the judgment of the court of first instance except for the following parts written or added. As such, the court's explanation concerning this case shall be cited by the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or additional parts] From the fourth page of the judgment of the court of first instance, “the termination of the instant contract following the Plaintiff’s refusal to renew” shall be construed as “(a) the termination of the instant contract following the Plaintiff’s refusal to renew or terminate.”

Following the fourth decision of the first instance court, the second instance court held that "(1) of the former Building Lease Protection Act (amended by Act No. 13284, May 13, 2015; hereinafter referred to as "the Act prior to amendment by Act No. 13284, May 13, 2015; hereinafter referred to as "the Commercial Building Lease Protection Act") shall be limited to "(2)". The following shall be added to "the fifth decision of the first instance court (5)," "The contract of this case may be immediately cancelled or terminated if the defendant intentionally omitted sales," or "the contract of this case was terminated on April 15, 2016 and completed on May 17, 2015," and "the contract of this case was terminated on June 6, 2017 by the second instance court (hereinafter referred to as "the second instance court (30th decision)" or "the contract of this case was terminated on May 17, 2015 and terminated on June 16, 2017.".

The following shall be added to Part 6 of the 8th decision of the first instance.

Meanwhile, the Plaintiff’s contract of this case.