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(영문) 인천지방법원 2017.02.10 2016나11592
시설물인도등
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 court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this as it is in accordance with the main sentence of Article 420 of the

2. According to Article 10(1)1 of the Commercial Building Lease Protection Act, in a case where a lessee has been in arrears with the amount equivalent to the rent for the period of three years, the lessor may refuse the lessee’s request for renewal of the contract. According to the above evidence, since the Defendant or the husband E of the Defendant did not pay the Plaintiff the rent from July 1, 2015, and the overdue period of three or more years, the Plaintiff may refuse the request for renewal of the contract between the Defendant and E. In sum, the lease contract of this case was terminated on October 31, 2015.

Therefore, the Defendant, which possessed the instant vinyl house together with E, has the duty to deliver the said vinyl house, which is the object of lease, to the Plaintiff.

The defendant invested 20,000,000 won as facility cost for the chemical board. The defendant asserted that the plaintiff cannot respond to the plaintiff's claim before the facility is repaid, but there is no evidence to acknowledge it, and it cannot be viewed as beneficial cost for the operation of the chemical board. Thus, the defendant's above argument is without merit.

3. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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