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(영문) 서울중앙지방법원 2019.05.03 2018나66298
건물명도(인도)
Text

1. The part concerning the principal lawsuit in the judgment of the court of first instance shall be revoked.

2. The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.

3...

Reasons

1. The first instance court which accepted the plaintiff's main claim and dismissed the defendant's counterclaim.

Since the defendant appealed only to the principal lawsuit, the scope of the judgment of this court is limited to the principal lawsuit.

2. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

3. Determination

A. The Plaintiff’s assertion 1) notified the Plaintiff of the refusal of the renewal of the instant lease upon the notification from August 8, 2017, which was one month prior to the expiration of the lease term, and the instant lease agreement was lawfully terminated on September 10, 2017. As such, the Defendant, a lessee, is a co-lease and is obliged to deliver the instant building to the Plaintiff, a co-owner of the instant building. (2) The Defendant’s assertion that the Defendant requested renewal of the lease agreement on July 2017, which was prior to the expiration of the lease term, and thus, the lease term of the instant lease was extended.

B. In light of the content and purport of the Commercial Building Lease Protection Act, a lessee is entitled to exercise the right to request renewal of a contract under Article 10(1) of the same Act, regardless of the lessor’s prior notice of refusal to renew the contract, unless there exists any justifiable reason prescribed in Article 10(1)1 through 8 of the same Act, in light of the content and purport of the said Act. The former lease is renewed pursuant to Article 10(3) of the same Act upon the lessee’s exercise of the right to request renewal of the contract (see, e.g., Supreme Court Decision 2013Da35115, Apr. 30, 2014).

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