(영문) 서울남부지방법원 2020.01.09 2019가단228340

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(영문) 서울남부지방법원 2020.01.09 2019가단228340

건물명도(인도)

Text

1. The defendant shall deliver to the plaintiffs the second floor of 131.90 square meters among the buildings listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Comprehensively taking into account the purport of the entire pleadings in evidence Nos. 1 through 4, D leased a deposit of 131.90 square meters on June 23, 2010 to the Defendant for the second floor from July 2, 2010 to July 1, 2011. The said lease was renewed after the expiration of the period, and the said building came to be owned by the non-party E and four, and E came to be owned on April 30, 2018 between the Defendant and the Plaintiff and the Defendant on April 1, 200, KRW 100,000, KRW 100,000, and KRW 100,000 from April 30, 2018 to April 30, 2019, the Plaintiffs again purchased a lease agreement from the Defendant on April 1, 2018 to April 10, 2018, and the Plaintiffs again concluded the registration of ownership transfer from the Plaintiffs on April 21, 20198.

2. In determining the cause of the claim, the lease at issue has expired on April 30, 2019, and thus, barring any special circumstance, the Defendant is obligated to deliver the second floor of the building indicated in the separate sheet to the Plaintiffs who succeeded to the status of the lessor pursuant to Article 3(2) of the Commercial Building Lease Protection Act as the assignee of the leased building.

3. Defendant’s assertion and judgment

A. The defendant asserts the renewal of the contract.

However, according to Article 10(2) of the Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018), lessee's right to request renewal of the contract can only be exercised within the extent that the whole term of lease including the initial term of lease does not exceed five years.

Since the term of lease of the defendant exceeds five years from July 2, 2010 when the first lease began, the defendant cannot exercise the right to request the renewal of the contract.

The defendant's above assertion is without merit.

B. In addition, the Defendant asserts that it cannot accept the Plaintiffs’ claim for delivery of the building until receiving damages due to interference with the collection of premiums.

The lessee shall have the duty to return the leased object.

참조조문

-상가건물 임대차보호법 제3조 제2항

-상가건물 임대차보호법 제10조 제2항

유사 판례

-서울남부지방법원 2020.01.09 2019가단228340

-대법원 2017.08.24 2017다233955

-수원지방법원 2019.11.26 2018나77029

-대법원 2006. 3. 23. 선고 2005다74320 판결

-대전지방법원 2020.12.09 2020가단5140