beta
(영문) 서울고등법원 2015.05.28 2014나50809

건물명도

Text

1. All appeals filed by the Defendants (including the Plaintiff) are dismissed.

2. The Plaintiff and the Defendants-Counterclaim Plaintiff out of the appeal cost.

Reasons

1. Basic facts

A. 1) D Concluding the initial lease agreement, i.e., the ownership of each land listed in [Attachment 1] paragraphs 1 and 2 of [Attachment 1] and the land listed in [Attachment 1] paragraphs 1 through 3 of [Attachment 1] are collectively “each land of this case”.

(2) The building of this case is a single-story building and one-story building of reinforced concrete building string, which is the ground building of this case (hereinafter “existing building of this case”).

2) On November 27, 2002, D concluded a lease agreement with the Defendants’ Intervenor (hereinafter “Supplementary Intervenor”) on the lease of each of the instant land and the instant existing buildings, and the key contents are as follows.

Article 1 (Indication of Rental Articles) The lease period of each of the instant lands and the existing buildings of this case shall be from December 1, 2002 to November 30, 2005.

Article 4 (Terms of Lease)

(a) KRW 100,000 and monthly rents shall be KRW 7,000,00,000, and the supplementary intervenor shall additionally pay KRW 100,000 as security deposit to D on the date six months have elapsed from the date this contract was concluded;

F. The supplementary intervenor must prepare a lease contract with the content of a new lessee as a legal entity under the same conditions as D when it is converted into a lessee after the rent.

H. It is understood that the issue between a lessee and a present legal dispute is that D will be directed to the supplementary intervenor after the completion of the present lawsuit by D, and that the supplementary intervenor will use all leased real estate after the completion of the lawsuit by the supplementary intervenor.

Article 5 (Time of Maturity or Termination of Lease Contract)

(a) An intervenor must transfer and transfer to D all facilities, including existing and newly installed household buildings, at the expiration of the above lease term or at the time of termination of the contract to D without any condition, and comply with D’s compulsory execution;

B. Supplementary documents of the terms of the lease agreement and the developments leading to the construction of the building.