logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원김천지원 2016.12.22 2016가단5371
건물명도 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On July 25, 2011, the Plaintiff entered into a lease agreement with the Defendant on a deposit of KRW 10 million, monthly rent of KRW 600,000,000 for the instant building, and 24 months from July 29, 2011 to July 29, 2013 (five years for securing business rights), and thereafter, the Defendant delivered the instant building to the Defendant around that time, and thereafter, operated convenience points in the instant building. After which the said lease was explicitly renewed, the said lease agreement was thereafter renewed, and the deposit was increased to KRW 20,00,000 on May 11, 2015. The Plaintiff was the expiration of the period on August 8, 2016, and the Plaintiff sent the instant building to the Defendant by July 29, 2016, and thus, either the Defendant did not have received any dispute between the parties or received any dispute between the entire parties.

The Plaintiff’s assertion was terminated on July 29, 201, when five years have elapsed since July 29, 2011, and the Plaintiff expressed his/her intent to refuse renewal to the Defendant on August 9, 2016, and the Defendant is obligated to deliver the instant building to the Plaintiff.

A lessee’s right to request renewal of a contract under Article 10(1) of the Commercial Building Lease Protection Act intends to achieve the renewal of a lease under the initiative of a lessee by providing that the lessee cannot refuse the renewal unless there is a reason prescribed in the proviso thereof. However, Article 10(4) of the Commercial Building Lease Protection Act provides that if the lessor fails to notify the lessor of the refusal of renewal or to notify of the change in the conditions within the above period, the lessor shall be deemed to have taken active measures at the expiration of the lease relationship due to the expiration of the lease period (in this case, the period shall be one year pursuant to the second sentence of the same Article) and the respective provisions of the two Acts provide that the renewal system differs from each other.

arrow