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(영문) 서울중앙지방법원 2015.10.28 2015나35170
건물명도
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "The second 7th 2010 light light light" of the second 7th 2010 of the judgment of the court of the court of the first instance is as follows: "A notice to the effect that it will terminate" was sent by content-certified mail, and the defendant received the above notice on December 24, 2013." The second 7th 7th "the date on which the plaintiff received the notice of termination" in the second 7th 7th 7th 2010 as "the date on which the defendant received the notice of termination"; and the second 7th 7th 7th 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2013 as "the date on which the plaintiff received the notice of termination." In addition to adding the following judgment to the corresponding part, it is identical with the

2. Additional matters to be determined (the Defendant’s reference documents and statement in the statement of grounds of appeal on May 21, 2015, as alleged below)

A. The defendant defense to the effect that the plaintiff cannot refuse the defendant's request for renewal of the contract pursuant to Article 10 (1) of the Commercial Building Lease Protection Act. However, the tenant's right to request renewal of the contract can only be exercised within the extent that the whole period of lease including the initial period of lease does not exceed five years (see Article 10 (2) of the Commercial Building Lease Protection Act). In the case of the lease of this case, it is apparent in fact that the whole period of lease exceeds five years including the initial period of lease as of the closing date of pleadings at the trial, and therefore, the period of lease jointly leased by the defendant with the non-resident should be deemed to be included in the whole period of lease.

The defendant cannot exercise the right to request the renewal of the contract against the plaintiffs under the Commercial Building Lease Protection Act, and the defendant's above defense is without merit.

There is no material to know that the defendant demanded the renewal of the contract between six months and one month before the expiration of the above term of lease.

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