(영문) 서울북부지방법원 2019.12.11 2019나32642

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 서울북부지방법원 2019.12.11 2019나32642

건물명도 등

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1. Of the judgment of the first instance court, the part against the plaintiff ordering delivery under paragraph (2) shall be revoked.

2. The defendant is against the plaintiffs.

Reasons

1. In the first instance trial, the Plaintiff filed a claim against the Defendant for the extradition of the leased object of this case, and the claim for restitution of rent or unjust enrichment calculated at the rate of KRW 500,000 per month from July 11, 2018 to the delivery date of the leased object of this case. The first instance court dismissed the claim for the extradition of the leased object of this case, and accepted the claim for restitution of rent.

Since the plaintiff appealed against the part against the plaintiff, the object to be tried by this Court is limited to the request for extradition of the leased object of this case.

2. The reasoning for this part of this Court is as stated in this part of the reasoning for the judgment of the court of first instance, and therefore, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act, and the “this Court” of the three-dimensional seven shall be modified to the “court of the court of first instance”.

3. The reasoning for this part of the claim by the court is as stated in the main sentence of Article 420 of the Civil Procedure Act, since the reasoning for this part of the judgment of the court of first instance is as stated in the 3rd to 4th 8 pages of the grounds for the judgment.

4. Determination as to the cause of claim

A. Article 10(1) of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”) provides, “Where a lessee requests the renewal of a contract between six months and one month before the expiration of the lease term, the lessee shall not refuse it without justifiable grounds: Provided, That this shall not apply to any of the following cases.” Article 10(1)7(b) of the same Act provides, “Where there is a risk of accidents, such as deterioration or partial destruction of a building, etc., and the lessor needs to recover possession of the building for the purpose of removal or reconstruction in whole or in part.”

In addition, Article 10 (4) of the Commercial Building Lease Act does not notify the lessee of the refusal of renewal or the change of the terms and conditions within the period of paragraph (1).

참조조문

-민사소송법 제420조

-상가건물 임대차보호법 제10조 제1항

-상가건물 임대차보호법 제10조 제4항

유사 판례

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