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(영문) 서울중앙지방법원 2020.11.26 2020나12379 (1)
건물명도(인도)
Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. Determination

A. (1) Under Article 2 of the former Enforcement Decree of the Commercial Building Lease Protection Act (amended by Presidential Decree No. 28611, Jan. 26, 2018), the amount of converted guarantee prescribed by Presidential Decree exceeds 567 million won and 40 million won, so Article 10 (4) of the Commercial Building Lease Protection Act is not applicable to the instant lease agreement, but since the amount of converted guarantee under Article 2 (1) and (3) of the Commercial Building Lease Protection Act (amended by Presidential Decree No. 28611, Jan. 26, 2018) was determined to be 50 million won and 51.7 billion won per month in the instant lease agreement concluded on December 1, 2015 as to the instant real estate located in Seoul Special Metropolitan City, as amended by Presidential Decree No. 28611, Jan. 26, 2018).

Therefore, the instant lease agreement, which was renewed until December 2, 2018, did not notify the Defendant C of the rejection of renewal or of the modification of the terms and conditions at least one month from six months to one month prior to the expiration of the said term, and thus, it is deemed that it was explicitly renewed by Article 10(4) of the Commercial Building Lease Protection Act until December 2, 2019.

Even if Defendant C did not pay three or more times until December 2, 2018, the Plaintiffs did not express their intent to refuse to renew the contract on the ground of the failure, and the Plaintiffs were on November 16, 2018.

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