(영문) 전주지방법원 2021.02.17 2020나1571 | 리걸엔진

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(영문) 전주지방법원 2021.02.17 2020나1571

건물명도(인도)

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All appeals filed by the plaintiffs and the preliminary claims added by this court are dismissed.

after the filing of an appeal.

Reasons

1. This part of the judgment of this court is the same as the reasoning of the judgment of the court of first instance, and thus, this part of the judgment is cited by applying the main text of Article 420 of the Civil Procedure Act.

2. Determination on the conjunctive claim

A. The Plaintiff’s assertion begins from July 1, 2016 with the period of lease that the Defendant entered into in the name of F. As such, the Defendant is obligated to deliver one of the buildings listed in the attached Form on July 1, 2021, when the five-year period of lease recognized by the Commercial Building Lease Protection Act expires, along with receiving KRW 20,000,000 from the Plaintiff.

(b) Determination 1) Article 10(2) of the Protection of Lease of Building in Related Acts: Right to request renewal of a lessee’s contract can only be exercised to the extent that the whole term of lease including the initial term of lease does not exceed 10 years.

The amended provisions of Article 10 (2) of the Addenda (Law No. 15791, October 16, 2018), Article 2, Article 10, Paragraph 2, of the Addenda (for example, the period of request for renewal of a contract) shall apply from the lease entered into or renewed for the first time after the enforcement of this Act.

2) The Defendant had the right to request the renewal of a contract until November 16, 2027, including the initial lease term (from November 17, 2017 to November 16, 2019) with respect to the lease renewed under Article 2 of the Addenda to the Protection of Commercial Building Lease Act, even though the term of lease was advanced on November 16, 2019.

Therefore, the Plaintiff’s assertion on the premise that the lease term expires on July 1, 2021 is without merit ( even if the first lease commencement date is deemed to be July 1, 2016, which was the first lease commencement date concluded in F name, the Defendant may exercise the right to request renewal of the contract between 10 and 10 years thereafter, and the Plaintiff’s assertion also is without merit). Then, the Plaintiffs’ primary claim and the conjunctive claim should be dismissed.

The judgment of the court of first instance that dismissed the primary claim of the plaintiffs.

유사 판례

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