Main Issues
In the case of a lease with a term agreement, unless there is a special reason, the lease shall terminate if it is not necessary to give prior notice or terminate the lease, unless the period expires.
Summary of Judgment
In the case of a lease with a term agreement, unless there is a special reason, the lease shall terminate if it is not necessary to give prior notice or terminate the lease, unless the period expires.
[Reference Provisions]
Article 636 of the Civil Act
Plaintiff-Appellee
Plaintiff
Defendant-Appellant
Defendant
Judgment of the lower court
Gwangju High Court Decision 68Na129 delivered on July 10, 1968
Text
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The grounds for appeal are examined.
In the case of a lease with a term agreement, unless there is a special reason, the lease is terminated without a prior peremptory notice or termination, and the lessee is obligated to return the leased object to the lessor. Thus, possession after the termination of the lease becomes illegal. The arguments are groundless.
Therefore, it is so decided as per Disposition by the assent of all participating judges.
[Judgment of the Supreme Court (Presiding Judge) Dog-Jak Kim Gyeong-ri, Kim & Kim