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(영문) 서울중앙지방법원 2020.06.24 2019나67472
건물명도(인도)
Text

1. The judgment of the court of first instance is modified as follows.

The defendant delivers the buildings indicated in the attached Form to the plaintiffs, and on 2020.

Reasons

1. Facts of recognition;

A. The Plaintiffs were the owners of the instant building (Co-ownership shares: Plaintiff A6/10, Plaintiff B 4/10), and entered into the instant lease agreement with the Defendant on March 3, 201, which is KRW 15 million, monthly rent of KRW 100,000,000, and KRW 12 months from March 3, 2011.

B. The instant lease agreement was implicitly renewed, and the Plaintiffs notified the Defendant on November 22, 2018 that the instant lease agreement would not be renewed any longer.

C. From the time of entering into the instant lease agreement to the present date, the Defendant is running restaurant business in the instant building.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-6, the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease contract should be deemed terminated on March 2, 2019 by notifying the Plaintiffs of the refusal of renewal between six months and one month before the expiration of the term of validity. 2) Accordingly, the Defendant asserts that the contract renewal may be demanded by ten years pursuant to the Commercial Building Lease Protection Act.

Article 10(2) of the Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018; hereinafter the same date) stipulates that the lessee has the right to request renewal of the contract within a period not exceeding ten years including the initial period of lease, thereby increasing the period for exercising the right to request renewal of the contract from the preceding five years to ten years. However, the amended provisions of Article 10(2) apply from the lease concluded or renewed for the first time after the enforcement of the above Act pursuant to Article 2 of the Addenda.

Since the lease contract of this case was concluded or renewed after the enforcement of the above Act, Article 10(2) of the former Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018) is applicable, and the defendant can request the renewal of the contract only for a period of five years. The lease term of this case was already commenced on March 3, 201.

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