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(영문) 창원지방법원 2018.12.14 2018나52485
건물명도(인도)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

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

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows. The judgment of this court citing the judgment of the court of first instance is dismissed as "the lease contract of this case" in the 2nd, 7th, and 8th, hereinafter referred to as "the lease contract of this case"). The plaintiff added to this court as "the lease contract of this case" and the ground of the judgment of the court of first instance is the same as that of the judgment of this case. Thus

2. Additional matters to be determined;

A. The gist of the Plaintiff’s assertion asserts that, as the instant lease agreement was terminated on May 24, 2018, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

B. Determination 1) Where a lessee of a commercial building requests renewal of the contract between six months and one month before the expiration of the lease term, the lessor of the commercial building shall be deemed to have justifiable grounds or the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”) within the extent that the lease term including the lease term does not exceed ten years.

) Unless it falls under any subparagraph of Article 10(1) proviso, a lessor may not refuse to renew the lease agreement (Article 10(1) and (2) of the Commercial Lease Act), and if a lessor fails to notify the lessee of the refusal to renew the lease agreement or to notify the lessee of the modification of the terms and conditions thereof within the said period, the lessor shall be deemed to have renewed the lease agreement for a period of one year under the same conditions as the former lease at the time the said period expires (Article 10(4) 2 of the Commercial Lease Act) (Article 10(4)). In full view of the purport of the arguments as indicated in each of the following items: (a) Domination, “A” No. 1, and “B” No. 2 (including the serial number) of the instant lease agreement; and (b) on April 10, 2018, the Defendant submitted a written statement stating the purport that the Plaintiff is required to renew the lease agreement to the Plaintiff on April 13, 2018.

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