beta
(영문) 광주지방법원 2021.02.16 2020가단504423

매매대금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. In around 2011, the Plaintiff was merged between the Defendant and the Defendant, and the Plaintiff had a 659m2 and 169m2 (27 February 27, 2012, the said two parcels were merged into that of the Defendant and the said 3m28m2.

The building site of this case (hereinafter referred to as “instant store site”) was newly constructed and operated, but an agreement was concluded to complete the registration of preservation of ownership in the name of the defendant with respect to the new building.

B. On December 5, 2011, the Plaintiff started construction on the instant store site with the owner of the building as the Defendant, and completed the approval for use of the said store on January 10, 2012, on December 15, 2011.

(c)

On January 12, 2012, the Plaintiff and the Defendant concluded a real estate lease agreement with respect to the instant store site and store (hereinafter “instant lease agreement”).

On the other hand, the registration of the preservation of ownership in the name of the defendant was completed on February 13, 2012 regarding the store of this case.

Article 2 (Lease Deposit and Rent) (1) The lessor (Plaintiff) shall set aside as the deposit for lease the amount of KRW 30 million for the lessor (Defendant) and separately pay the amount of KRW 4.5 million for every three months (1.5 million per month).

Provided, That the deposit shall be fully paid at the time of the contract and the rent shall be transferred to the account of the lessor on the first day of each third month.

(2) Upon the lapse of two years and six months after the commencement of a lease agreement, the deposit and rent for the remainder of two years and six months may be adjusted according to mutual agreement, taking into account the inflation rate and the economic conditions at that time.

Article 3 (Term of Lease) (1) From January 12, 2012 to January 11, 2017 (60 months)