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(영문) 대법원 2015.09.15 2015다218112
건물인도 및 부당이득반환 청구의 소
Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff).

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant (Counterclaim Plaintiff) H Co., Ltd. (hereinafter “Defendant H”)

A. As to the first and second points of the Commercial Building Lease Protection Act, Article 10(1) and (4) of the Commercial Building Lease Protection Act provides that a lessor shall notify a lessee of his/her refusal to renew the lease at least one month prior to the expiration of the lease term in order for the lessor to guarantee the lessee’s right to request renewal of the lease term, and that the lessor shall notify the lessee of his/her refusal to renew the lease term so that the lessor may substantially terminate the lease term (see, e.g., Supreme Court Decision 2010Da37905, Sept. 9, 2010). Thus, the lease contract governed by the Civil Act is in principle terminated upon the expiration of the lease term, and Article 639(1) of the Civil Act provides that “Where the lessee uses the leased object after the expiration of the lease term and continues to use it, the lease term shall be deemed leased on the same condition as the lease term expires if the lessor does not raise any objection within a considerable period of time after the expiration of the lease term, and thus, it is not clear that the lessee may request renewal of the lease.

The judgment below

According to the reasoning, the court below held that the plaintiff (the counter-defendant; hereinafter referred to as the "Plaintiff") who is the heir of the 1/2 share co-owner of the marina's 1/2 shares continues to use and take profits from the portion occupied by the marina's house under the lease agreement of this case.

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