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(영문) 서울서부지방법원 2018.10.11 2018나32023

약정금

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On September 4, 2000, the Plaintiffs entered into a lease agreement and newly constructed a building (hereinafter “instant land”) with the Defendant and the Defendant, and the Seongbuk-gu Seoul Metropolitan Government D-1,716 square meters (hereinafter “instant land”).

2) As to the instant lease agreement, the following terms and conditions were entered into:

(i) Article 2 (Lease Deposit) The monthly rent of KRW 7,000,000 shall be KRW 7,000,000, and the rent shall be paid from December 1, 200;

2. The contract term is eight years from the plaintiffs' open store in the land of this case, constructed on the ground of this case.

4. Where the defendant becomes aware of the use after the expiration of the contract, the right of lease shall be granted to the plaintiffs.

Article 6 (Provisions Governing Construction, etc. of Buildings)

1. The construction of a new ground building is constructed in conformity with the plaintiffs' purposes, and all of the costs are borne by the lessees.

(Tax and public charges, etc. on buildings or their businesses, such as acquisition tax, registration tax, registration fee, property tax, environmental improvement charges, etc.)

4. New construction of a building shall be made in the name of the plaintiffs, and a provisional registration shall be made in the name of the plaintiffs and at the same time in the name of the lessor.

5. The lessee shall, at the same time as provisional registration of a building, have the lessor make a protocol of compromise against provisional registration.

9. After the expiration of the contract period, the ownership of the building owned by the plaintiffs is transferred gratuitously to the defendant, such as the contents of the provisional registration and reconciliation protocol of this case.

2) The Plaintiffs are the instant land’s neighborhood living facilities with the second floor size on the ground (hereinafter “instant building”).

(3) On December 26, 200, the Plaintiffs completed the registration of ownership preservation on the instant building as one-half stake, and completed the registration of ownership transfer claim to the Defendant on the same day.

(b)the extension of the rental period and the commencement of redevelopment projects;