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(영문) 부산지방법원동부지원 2020.01.08 2019가단211159

건물명도(인도)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 24, 2015, C entered into a lease agreement between the Defendant and the Defendant with respect to the E-building F (Annexed in the attached list; hereinafter “instant store”) of the building that was newly constructed in Busan-gun, Busan-gun, with respect to the lease deposit amounting to KRW 60 million, KRW 4.3 million per month, KRW 4.3 million per month, and the lease term from August 5, 2015 to October 31, 2017, and entered into a special agreement with the following terms:

Special agreement – No rent shall exist from August 5, 2015 to October 31, 2015 - From November 1, 2015 to October 31, 2017, 2000 won as of the end of each month shall be subsidized by October 31, 2017.

(Deposit in passbook) - The rent shall be adjusted after consultation, reflecting the surrounding market price at the time of the renewal after the expiration of the contract.

- At the time of non-construction by August 4, 2015, this Agreement shall be revoked and the lessor shall refund the down payment.

B. On September 4, 2015, the Defendant registered the instant store with the trade name “H” and operated the said restaurant from September 16, 2015 at the instant store.

C. On November 9, 2015, the Plaintiff purchased the instant store from A, and completed the registration of ownership transfer with respect to the instant store in the name of Plaintiff on December 16, 2015.

On December 16, 2015, the Plaintiff entered the lease deposit with the Defendant along with the lease agreement from July 24, 2015, and the lease term is the same as the previous one, and the lease contract from December 16, 2015 to October 31, 2017 is re-written in the column for special agreement. In the column for special agreement, the Plaintiff entered “a lessee succeeds to the special terms and conditions stipulated in the separate real estate lease agreement signed by the former owner (a separate implementer under the separate real estate lease agreement)” in the column for special agreement.

(hereinafter referred to as “instant lease agreement”) between the Plaintiff and the Defendant.

On November 20, 2017, the plaintiff agreed on the renewal of the contract with the maturity of the lease contract to the defendant.