logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.12.09 2020가단5140
건물명도
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. According to the overall purport of evidence Nos. 1 and 2 as well as the entire pleadings, the Defendant: (a) from the relocating owner of the building listed in the separate sheet (hereinafter “instant building”) on February 2015, the Defendant operated the restaurant by leasing the said building from C during the period from February 28, 2015 to February 28, 2017; (b) under a special agreement, the lessee is not entitled to demand for the premium for facilities; and (c) on February 11, 2015, the Plaintiff succeeded to the lessor’s status by acquiring ownership after purchasing the instant building and completing the registration of transfer of ownership; and (c) the Plaintiff requested the Defendant to transfer the building on January 30, 202, which is the expiration date.

2. Determination

A. According to the above facts of recognition, since the lease of this case was terminated on February 28, 2020, the defendant is obligated to deliver the building of this case.

B. On this issue, the defendant asserts to the effect that, in accordance with the Commercial Building Lease Protection Act, the defendant may demand the renewal of the lease contract for ten years, the lease has not been terminated, and that the premium for the establishment is also required.

However, according to the provisions of the Commercial Building Lease Protection Act applicable to the lease of this case, the maximum term of lease that can be renewed by the lessee is five years, and five years have passed from the lease date of February 28, 2020, and Article 10(2) of the Commercial Building Lease Protection Act was amended on October 16, 2018, that "the lessee's right to request renewal of the contract may be exercised only within the extent that the whole term of lease including the initial term of lease does not exceed ten years," and the amended provisions of Article 10(2) of the Addenda of the above Act came into force from the date of its promulgation.

arrow