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(영문) 대구지방법원 2018.07.26 2017나11740
건물명도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: (a) adding "Evidence A No. 11" to "Evidence A No. 1, 5, and 9" to "Evidence A" in Part II of the judgment of the court of first instance; and (b) adding "Additional Judgment" to the argument that the defendant emphasizes in this court; and (c) therefore, it is identical to the reasoning of the judgment of the court of first instance except where the defendant added "2. Additional Judgment" under the main sentence of Article 420 of the Civil Procedure

2. Additional determination

A. The Defendant asserted that the term of the instant lease agreement was not five years, which is the legal term of the lease, and that the Defendant violated the legal term of the lease that is guaranteed each year by newly concluding the agreement.

B. Determination is based on Article 10(2) of the Commercial Building Lease Protection Act that a lessee may exercise the right to request renewal of the contract within the extent that the period of lease does not exceed five years. However, the above provision is only a provision that grants a lessee the right to request renewal of the contract within the extent not exceeding five years, and it is not a provision that forces the lessee to enter into the lease period for five years. Thus, the above argument by the Defendant is without merit without further review.

3. In conclusion, the judgment of the court of first instance is legitimate, and the defendant's appeal of this case is dismissed as it is without merit. It is so decided as per Disposition.

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