logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.01.25 2016가단514843
건물명도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts under the premise of facts do not conflict between the parties.

On March 11, 2015, the Defendant entered into a contract with the Defendant to lease the buildings listed in the attached list with the Defendant during the lease period from November 26, 2014 to June 29, 2016.

B. The Defendant demanded the Plaintiff to renew the contract on March 8, 2016, but the Plaintiff rejected it on May 24, 2016.

2. Judgment on the plaintiff's claim

A. On November 4, 2016, the housing construction project plan was approved pursuant to Article 15 of the Housing Act for Gwangju Northern-gu, in which the Plaintiff’s assertion was located, on November 4, 2016, and this constitutes “cases where removal or reconstruction is carried out pursuant to other Acts and subordinate statutes” under the proviso of Article 10(1)7(c) of the Commercial Building Lease Protection Act, and thus, the Plaintiff may refuse the Defendant’s request for renewal of the contract. As such, the Defendant is obligated to deliver the Plaintiff the building indicated in the separate sheet.

B. In light of each provision of Article 81 of the Building Act, Article 27-2 of the Special Act on Public Housing, Article 38 of the Urban Development Act, Article 14-2 of the Act on the Maintenance and Improvement of Urban Areas and Greenbelts, Articles 8, 12, and 48-2 of the Act on the Maintenance and Improvement of Urban Areas and Greenbelts, Article 64(3) of the National Land Planning and Utilization Act, Article 47 of the Act on the Ownership and Management of Aggregate Buildings, and Article 12-2 of the Housing Site Development Promotion Act, it is reasonable to view that the removal or reconstruction stipulated in the proviso of Article 10(1)7(c) of the Commercial Building Lease Protection Act is “cases where a removal or reconstruction can be forced by means of purchase or expropriation, etc. based on the relevant Acts and subordinate statutes,” and it is within a business zone unless the said construction project plan approved under Article 15 of the Housing Act satisfies the requirements stipulated in each Act.

arrow