(영문) 인천지방법원 2015.04.30 2014가단67248

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(영문) 인천지방법원 2015.04.30 2014가단67248

건물인도등

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1. The defendant shall receive KRW 20,000,000 from the plaintiff, and at the same time, shall be the building stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On March 5, 2011, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Young Construction Industry Co., Ltd. on a deposit of KRW 25 million, monthly rent of KRW 1100,000 (including value added tax), and the period from April 1, 201 to April 1, 2013, and operated a restaurant called “C” after completing business registration upon delivery of the instant building on April 1, 201.

B. D purchased the instant building from the said company on June 27, 201 to remove the instant building and newly construct and sell officetels, and completed the registration of ownership transfer on July 7, 201, and succeeded to the lessor’s status of the instant lease agreement.

C. D Co., Ltd. constructed an officetel’s model voucher on the warehouse, parking lot, access route, etc. of the instant building, and as a result, as the Defendant’s use of and profit from the leased object was partly restricted, D drafted the following agreements with the Defendant regarding the instant lease agreement with the Defendant on April 17, 2012.

1. A lessee is not able to use a warehouse as the circumstances of the lessor, and the lessor is exempted from paying the rent (applicable from April 2012 to April 201) until the end of the use of the model house.

2. A lessor shall not claim any rent exempted from payment in the future or shall not be made for reasons, such as termination of the contract, etc.

D and the Defendant agreed to deliver the instant building to D when the Defendant received premium of KRW 45 million from D and the lease deposit of KRW 25 million. Accordingly, D paid KRW 50 million to the Defendant by June 2012.

E. D sold the instant building to the Plaintiff on June 1, 2013, where the instant building did not proceed as planned, and the Plaintiff completed the registration of ownership transfer on the instant building on June 28, 2013.

F. The Defendant was operated in the instant building on April 18, 2014.

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