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(영문) 부산고등법원(창원) 2016.03.31 2015나1553
건물명도 등
Text

1. The part of the judgment of the court of first instance against the defendant is modified as follows.

The defendant is the plaintiff (appointed party) and the defendant.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows, except where the defendant added the following judgments as to the matters alleged in the court of first instance, thereby citing this case in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. On April 23, 2013, the Defendant entered into a lease agreement with A Co., Ltd. and the first floor of the instant building by setting a deposit of KRW 10 million, monthly rent of KRW 10 million, and one million. On April 25, 2013, the Defendant has the opposing power prescribed by the Commercial Building Lease Protection Act by registering its business as F’s trade name. As such, the Plaintiff (Appointed Party) and the designated parties, the assignee of the leased building, succeeded to the lessor’s status pursuant to Article 3(2) of the Commercial Building Lease Protection Act.

Therefore, the Defendant, as a lessee with opposing power, has the right to lawfully possess the building part of the instant case, and even if the lease was lawfully terminated upon the claim of the Plaintiff (Appointed Party) and the appointed party, the Defendant did not have a duty to deliver the building part of the instant case from the Plaintiff (Appointed Party) and the appointed party until the lease deposit is refunded.

B. Determination 1) In addition to the delivery of a building, business registration under Article 3(1) of the Commercial Building Lease Protection Act, which provides as the requirements for opposing power, is prepared as a public announcement method that enables a third party to clearly recognize the existence of the right of lease for the safety of transaction. Thus, whether a business registration has the effect of disclosing a lease should be determined depending on whether the business registration can be recognized as the existence of the lessee of the building in question due to its business registration under ordinary social norms. Meanwhile, it is prior to the amendment of Article 4 of the Commercial Building Lease Protection Act, Article 3 of the Enforcement Decree thereof, and Article 1873 of the former Value-Added Tax Act (amended by Act No.

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