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1. The part concerning the claim for reinstatement among the instant lawsuit shall be dismissed.
2. The defendant shall provide the plaintiff with the real estate indicated in the attached list.
Reasons
1. Claim for reinstatement - In civil procedure of rejection, the purport of the claim must be clearly identified so that it can be determined in itself by clarifying the contents and scope of the claim.
Of the instant lawsuit, the part seeking restitution cannot be deemed to have been specified to the extent that it does not interfere with the performance of the defendant's obligations or compulsory execution, and thus, it is unlawful and dismissed.
2. Claim for the delivery of a building - cite
A. First of all, the Plaintiff and the Defendant are disputing whether the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”) applies to the lease of this case. However, the Commercial Building Lease Act does not apply to the lease of this case for the following reasons.
Article 1 of the Commercial Building Lease Act provides that "The purpose of this Act is to ensure the stability of the national economic life by prescribing special cases concerning the Civil Act concerning the lease of commercial buildings," and the main sentence of Article 2 (1) provides that "this Act shall apply to the lease (including the case where the main part of the leased object is used for business purposes) of commercial buildings (referring to buildings which are subject to business registration under Article 3 (1))" and Article 3 (1) of the Commercial Building Lease Act provides that "a lease shall take effect against a third party after the date following the date on which a lessee files an application for the delivery of a building and the registration of business under Article 8 of the Value-Added Tax Act, Article 168 of the Income Tax Act, or
In light of the purpose and the above provisions of the Commercial Building Lease Act, the lease of a commercial building subject to the Commercial Building Lease Act refers to a building subject to business registration, which is used for the commercial purpose of profit-making business.
In addition, the issue of whether the Commercial Building Lease Act is applicable is the public register.