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(영문) 대전지방법원 2017.12.08 2017나106099
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgment as to the Plaintiff’s assertion, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The Plaintiff asserts that, at the time of entering into a lease agreement, the Plaintiff did not specifically notify the Plaintiff of the reconstruction plan that includes the construction time and required period pursuant to Article 10(1)7 (a) of the Commercial Building Lease Act. Therefore, the Plaintiff cannot constitute exceptional grounds under the proviso of Article 10-4(1) of the Commercial Building Lease Act.

The limitation that a lessor may refuse to renew a contract for reasons of removal or reconstruction only in cases falling under the items of Article 10(1)7 of the Commercial Building Lease Act is to protect a lessee's legitimate expectation for the renewal of a contract by preventing the lessee from being refused to renew the contract due to unexpected reasons at the time of signing the contract.

Therefore, in the event that a lessor notified a lessee of a reconstruction plan to the extent that the time and period the removal or reconstruction work begins and the removal or reconstruction work is carried out according to that plan, the lessor’s refusal of the contract satisfies the requirements of Article 10(1)7(a) of the Commercial Building Lease Act, which is the requirement for the lessor to refuse the renewal of the contract.

If the lessor is deemed to have to notify the lessee of the construction plan established at the time of the conclusion of the lease contract, the lessor is unable to refuse the lessee's request for renewal of the contract unless the lessee prepares the removal or reconstruction plan established at the time and time of the lease contract, which may result in the impossibility of removal or reconstruction, which may result in the lessee's legitimate right to expect renewal.

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