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(영문) 광주지방법원 2017.05.17 2016가단527818
건물명도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 3, 2014, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 50,000,000, monthly rent of KRW 1,900,000, and the lease period of KRW 1,90,000 from November 5, 2014 to November 4, 2016.

B. The Plaintiff’s August 16, 2016 and the same year

9. 21. 21. The Defendant demanded that the instant lease contract be renewed to the Defendant. The Defendant also refused the said building name and demanded renewal of the instant lease contract.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 9-1 and 2, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. On November 4, 2016, the housing construction project plan was approved pursuant to Article 15 of the Housing Act for Gwangju Northern-gu, in which the Plaintiff’s assertion is located, on November 4, 2016, and this constitutes “where it is necessary to recover possession of a building for the purpose of demolition or reconstruction due to any cause falling under the case of demolition or reconstruction in accordance with other Acts and subordinate statutes” under Article 10(1)7(c) of the Commercial Building Lease Protection Act, and thus, the Plaintiff may refuse the Plaintiff’s request for renewal of the contract. Accordingly, the Defendant is obligated to order the Plaintiff to order the part of the building in this case after November 5, 2016, the expiration date of the lease contract.

B. In light of the contents of Article 81 of the Building Act, Article 27-2 of the Special Act on Public Housing, Article 38 of the Urban Development Act, Article 14-2 of the Act on the Maintenance and Improvement of Urban Areas and Greenbelts, Articles 8, 12, and 48-2 of the Act on the Maintenance and Improvement of Urban Areas and Greenbelts, Article 64(3) of the National Land Planning and Utilization Act, Article 47 of the Act on the Ownership and Management of Aggregate Buildings, Article 12-2 of the Housing Site Development Promotion Act, etc., Article 10(1)7 of the Commercial Building Lease Protection Act.

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