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(영문) 서울중앙지방법원 2016.10.20 2015가단5285542

건물명도

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 21, 2007, Defendant B entered into a lease/sale agreement (hereinafter “instant lease/sale agreement”) with a general implementation agent, a stock company, which is a general implementation agent, to carry out all affairs related to the reconstruction of real estate listed in the separate sheet (hereinafter “D commercial building”) as follows.

-Indication of leased real estate: One unit (3.9 square meters for the exclusive use area of one unit): 190,000,000 won (151,50,000 won for the sale of leased real estate excluding the rental deposit of KRW 38,50,000) - The rent for the first floor shall be 1,20,000 won on the basis of the size of 13.22 square meters (4 square meters) for the first floor, and the rent for each store shall be determined in a manner that increases or decreases depending on the leased area of the store allocated after the drawing.

Provided, That the value-added tax shall be separately imposed.

-The lease term and rights and obligations: the first lease term of the lease contract to be directly concluded with the lessor pursuant to this lease contract shall be ten years after the opening of the commercial building.

B. On October 15, 2010, the Plaintiff purchased the portion (A) (hereinafter “instant commercial building”) connected in sequence 1, 2, 3, 4, and 1 of the annexed drawings among the 1st floor of D commercial building, and completed registration of preservation of ownership in the name of the Plaintiff.

C. Defendant B commenced business in the instant commercial building from October 15, 2010, the opening date of the D commercial building. D.

On April 16, 2014, the Plaintiff, separate from Defendant B, entered into a lease agreement with the following terms (hereinafter “instant lease agreement”).

- Indication of leased real estate: the commercial building in this case (4.37 square meters of exclusive use area, 14.5 square meters of parcelling-out area): Lease deposit: 42,373,000 won shall be the security deposit to be returned by the plaintiff (A) to the defendant B at the time of termination of this contract, and the security deposit shall be free of interest.

- Lease term: First lease under this Agreement;