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(영문) 서울동부지방법원 2016.11.23 2016나22570
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. The reasoning of the court’s explanation concerning this case is as follows, except for the part concerning the determination of co-defendant C of the first instance court, which was withdrawn at the trial among the grounds of the judgment of the first instance, and except for the part concerning the determination of the defendant’s new argument at the trial, the reasoning of the judgment of the first instance court is identical to that of the part concerning the reasoning of the judgment of the first instance, and thus, it is acceptable in accordance with the main sentence of

In addition, considering the description of the evidence No. 11, it is insufficient to recognize the defendant's assertion even if the defendant submitted additional documents in the trial.

2. Additional determination

A. According to the Commercial Building Lease Protection Act, the term of lease shall be guaranteed for five years, and the defendant asserts that since the lease contract is renewed by demanding the plaintiff to renew the lease contract on or around June 2016, the plaintiff's request for delivery cannot be complied with.

There is no legal basis that the lease term of the commercial building is always guaranteed for five years (only a lessee may demand renewal of the contract within the extent not exceeding five years). If the lessee sub-leases the building without permission, the lessor may refuse renewal thereof (Article 10(1)4 of the Commercial Building Lease Protection Act) and as seen earlier, as long as the Plaintiff has already terminated the lease contract of this case by legitimate termination, the Defendant, the lessee, cannot demand renewal of the lease contract which is terminated.

B. The Defendant installed various facilities in the instant building for business purposes or in order to increase the value of the building; the area that the Defendant used to C is merely two square meters on the floor; the Plaintiff raised an objection and immediately suspended the use of C; the Plaintiff was well known to C; the Plaintiff was at least five-year lease period under the Commercial Building Lease Protection Act; and the Defendant’s director fee is needed.

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