logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.10.08 2019나2011058
건물명도(인도)
Text

1. Of the judgment of the court of first instance, the part concerning the principal suit, including the claim for a modified or expanded principal suit, is as follows.

Reasons

1. Grounds for this part of the underlying facts are stated in the corresponding column of the judgment of the court of first instance, except for deletion, addition or replacement as follows:

(The main sentence of Article 420 of the Civil Procedure Act). 3rd of the judgment of the first instance shall be deleted.

Each "(excluding value-added tax)" of the three to ten parallels in the first instance judgment and ten parallels in the first instance judgment shall be calculated as "(excluding value-added tax and payment by the fifth day of the following month)."

The following shall be added between the six parallels inside the fourth bottom of the first instance judgment and the seven parallels:

The amount of electricity usage fee shall be paid by the day before the due date of payment of Korean power in proportion to the amount used compared to the total amount of the written claim prepared as of the date of inspection of Korean power. The plaintiff shall install a separate measuring instrument on exclusive-use facilities to verify the amount used. The five th of the first instance judgment of "207. 12. 12. 201."

The following shall be added between 5th 10 parallels and 11th parallels in the judgment of the first instance:

“E. The Defendant delivered the leased object of this case to the Plaintiff on January 6, 2019, which was after the closing of argument in the first instance trial.”

2. Determination on the main claim

A. Article 2-2 of the instant lease contract provides that “In the absence of a separate declaration of intention before January 6, 2017, which is the expiration date of the lease contract, one-year automatic extension shall be deemed to have been made,” and the Plaintiff and the Defendant did not express their special intent by October 6, 2016, which is three months prior to the expiration date of the lease contract, due to the lack of dispute between the parties. Thus, the instant lease contract was automatically extended by January 6, 2018. However, Article 4 of the instant lease contract provides that the Defendant’s delayed payment on more than two occasions, as the grounds for termination of the lease contract, and the Defendant’s second termination notification on such grounds is lawful, and the Plaintiff’s termination notification is lawful.

arrow