beta
(영문) 광주고등법원 2018.03.23 2017나13365

소유권이전등기

Text

1. The plaintiff's appeal as to the conjunctive claim and the plaintiff's main claim added at the trial are all dismissed.

Reasons

1. Basic facts

A. On May 6, 2011, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendants (hereinafter “instant lease agreement”) under the following terms and conditions, and the lease agreement (Evidence A No. 1-1) entered into with the Defendants at the time.

A lessor (Defendants) and a lessee (Plaintiffs) shall conclude a real estate lease agreement as follows:

1. Land subject to lease: Buildings of 661.3 square meters of the Seo-gu, Gwangju Metropolitan City (hereinafter referred to as the “instant land”): lightweight structure; and

2. Deposits, such as deposits: 50,000,000 won, and monthly rents shall be paid on May 6, 201: 7,000,000 won (excluding value-added tax) and six days per month, but shall be paid from September 6, 201. < Amended by Presidential Decree No. 23173, Sep. 6, 2011>

3. The lease period shall be from May 6, 201 to May 5, 2016 (60 months);

4. Alteration, sublease, etc. of use.

(a) No lessee may sublet, transfer the right of lease or offer the security of the leased object (including a new building) without the consent of the lessor, and use it for purposes other than those of the lease;

Provided, That the lessor shall ensure the right to use the leased object (including new buildings) to the maximum extent possible unless the lessee alters the structure or uses it for illegal purposes.

(b) No lessor shall sell or purchase any leased object (including any new building) during the lease period;

5. New construction of buildings;

(a) A lessee may construct a building on the leased land with the consent of the lessor;

Provided, That the name of the owner shall be the name of the lessor.

B. The lessee shall bear the cost of construction related to the construction of a new building; the cost of construction shall be executed through the lessor, and the lessee shall provide the lessor with a tax invoice for the execution of the construction cost.

(c) A lessee shall assume all responsibilities, such as construction cost, taxes and public charges (including fines and fines), compensation for damages (the occurrence, etc. of safety accidents), with respect to the construction of a new building.

(e) A lessee shall not transfer his right to a new building to another person, create a security, etc.