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The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The grounds of appeal are examined.
1. Whether to accept an application for resumption of oral argument belongs to the court's discretion. Thus, the court did not accept the application for resumption of oral argument since it did not err in the incomplete hearing on the ground that the court did not accept the application for resumption of oral argument since it did not reach the date
(2) Examining the record in accordance with the aforementioned legal doctrine, the Defendant did not submit despite the opportunity to prove that he/she has repaid unjust enrichment equivalent to the monthly rent from the first instance court to the lower court, and the Defendant filed an application for resumption of pleadings to submit his/her assertion and certification only after the closing of argument in the lower court. Thus, the lower court did not err by failing to exhaust all necessary deliberations on the resumption of argument.
2. On December 28, 201, the lower court acknowledged the fact that the Plaintiff entered into a lease agreement with the Defendant on a two-year period from December 28, 201 to December 27, 2013 with respect to the commercial building of this case, the lease deposit of which was KRW 150 million, monthly rent of KRW 3 million, and the lease term of which was from December 28, 201 to December 27, 2013, and on November 18, 2013, the Plaintiff sent to the Defendant a document verifying that the lease agreement of this case was terminated on December 27, 2013 and would not be renewed, thereby reaching the Defendant on November 19, 2013.
Based on these facts, the lower court determined that Articles 2(3) and 10(1) of the amended Commercial Building Lease Protection Act do not apply to the instant lease agreement, on or before August 13, 2013, which was concluded before the enforcement date of the Commercial Building Lease Protection Act (amended by Act No. 12042, Aug. 13, 2013), and on the grounds that the instant lease agreement was renewed on or after the enforcement date of the amended Commercial Building Lease Protection Act.
There are relevant provisions before and after the revision of the Commercial Building Lease Protection Act.