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(영문) 인천지방법원 2019.02.01 2017가합60368

건물명도(인도)

Text

1. The Defendant (Counterclaim Defendant) received KRW 600,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. The real estate listed in the separate sheet No. 1 (hereinafter “instant building”) obtained approval for use on April 25, 2012, and the registration of ownership preservation was completed in the Plaintiff’s name on June 25, 2012.

B. On June 28, 201, before the completion of the instant building, the Plaintiff entered into a lease agreement with the Defendant on each of the terms of KRW 600,000,000, monthly rent of KRW 4,000,00 (including value-added tax, monthly payment of KRW 4,00,000, and two years (five years from the first delivery date) from the delivery date of the lease term as to the instant building with respect to the portion of KRW 82.64,00 square meters on board as indicated in the Disposition No. 1 of the instant building (hereinafter “instant pharmacy”).

C. The plaintiff and the defendant added the special agreement at the time of concluding the above lease contract, and the main contents are as follows.

1. Rights:

(a) A lessee may not claim for the premium to a lessor;

(b) A lessor shall guarantee the lessee's business right for five years, and where a lessee transfers his/her business right to a third party during the contract period, the lessor shall recognize the business succession for the remaining period;

2. A lessor who has the exclusive right to a pharmacy in the same building shall be recognized as a lessee.

(5) Re-contract lessees shall make every effort to revitalize commercial buildings, and the lessor shall grant the lessee the right to preferential negotiations at the time of the re-contract, unless there is any problem (influence and unauthorized suspension) in the operation of the lessee.

The Defendant paid KRW 600,000,000 to the Plaintiff according to the above lease agreement, and received delivery of the instant pharmacy from the Plaintiff around April 30, 2012, and opened and operated a pharmacy with the trade name “C pharmacy” from around that time.

E. On April 30, 2015, the Plaintiff increased the rent by KRW 500,00 under the existing lease agreement, and as to the instant pharmacy between the Defendant and the Defendant.