(영문) 청주지방법원 2015.09.16 2015나1643 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2015.09.16 2015나1643

건물명도

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. On August 18, 2012, the Plaintiff: (a) leased the instant store to the Defendant by setting the lease deposit amount of KRW 6 million; (b) KRW 430,000 per month; and (c) from November 1, 2012 to October 31, 2014, the term of lease was 24 months; (d) the Defendant occupied the instant store by delivering the instant store at that time; (e) the Plaintiff terminated the instant lease contract on November 17, 2014 and sent the notice to the Defendant that delivery of the instant store until November 25, 2014; and (e) the Defendant asserted that the said notice was delivered to the Defendant around that time; and (e) the Defendant was led to the confession pursuant to Article 150(3) and (1) of the Civil Procedure Act.

(1) The court of first instance did not submit the plaintiff's written reply even though the defendant did not submit the plaintiff's written reply, and the court of first instance rendered a judgment without pleading pursuant to Article 257 (1) of the Civil Procedure Act on the ground that the defendant led to the confession of the plaintiff's cause of action. The defendant filed an appeal, and stated in the purport of appeal only "the plaintiff's claim is revoked. The plaintiff's claim shall be dismissed." The plaintiff's claim shall be dismissed." The plaintiff's argument is not stated in the grounds of appeal, and only submitted a written appeal which is not mentioned in the purport of appeal, and even after the plaintiff's claim is not presented, he did not appear on the date for the trial even after he was summoned by service by public notice without any reply as to the plaintiff's cause of action. As such, if the defendant lost from the first instance court to a written reply and did not respond to the plaintiff's claim, the appellate court shall be deemed to have led to the confession of the plaintiff's cause

B. According to the above recognition, the instant lease contract expired after the lease term expires.

참조조문

-민사소송법 제150조 제3항

-민사소송법 제257조 제1항

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