logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2021.01.28 2020나63757
건물명도(인도)
Text

The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

after filing an appeal.

Reasons

1. The reasoning for the judgment of the court of first instance regarding this case is as follows: “The real estate of this case” as “each real estate listed in the separate sheet No. 7 of the judgment of the court of first instance (hereinafter “the real estate of this case”); and “The Act on the Protection of Commercial Building Lease (hereinafter “the Act”) of the Protection of Commercial Building Lease (hereinafter “the Commercial Building Lease Protection”) of the third page 4 of the judgment of the court of first instance was amended by Act No. 15791, Oct. 16, 2018.”

hereinafter referred to as "the amended Commercial Building Lease Act (hereinafter referred to as "the amended Commercial Building Lease Act") shall be used as "the following, from 3 pages, to 4 pages 1 to 3, and the plaintiff shall accept the preliminary claim added by this court as stated in the main sentence of Article 420 of the Civil Procedure Act, except for the addition as described in paragraph 2 with respect to the preliminary claim added by this court, as stated in the corresponding part of the judgment of the first instance. Thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure

【The Plaintiff is entitled to refuse the contract renewal even if the Defendant Company requests the renewal of the contract, on the grounds that there are grounds provided for in each item of Article 10(1)7 of the amended Commercial Building Lease Act.

The argument is asserted.

Article 10(1)7 of the amended Commercial Building Lease Act provides that a lessor needs to recover possession of a building for the purpose of removing or rebuilding all or most of the target building due to the reasons prescribed in each item of the same subparagraph, even if the lease term demands renewal of the contract, the lessor may refuse such request for justifiable reasons, and the lessor specifically notifies the lessee of a removal or reconstruction plan that includes the time of construction and required period at the time of the conclusion of the lease contract and follow the plan (a) and (b) where the building is likely to cause safety accidents, such as deterioration, damage, or partial destruction of the building (b) and (c) where the building is removed or reconstructed pursuant to any other Act and subordinate statutes.

As to the instant case, the Plaintiff entered into the instant lease agreement.

arrow