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(영문) 부산지방법원동부지원 2015.10.08 2014가단22699
건물명도
Text

1. The defendant shall be the plaintiff.

A. Of the 343.5 square meters in Nam-gu Busan Metropolitan City, attached Table 2 appraisal marks 9, 10, 11, 12, and 9 shall apply.

Reasons

1. Basic facts

A. On January 29, 2013, the Plaintiff and the Defendant concluded a lease agreement with the content that the Plaintiff leases approximately KRW 180 square meters in total, including KRW 30,000,000, monthly rent, KRW 2,400,000, and the term of lease from February 10, 2013 to February 9, 2015, among the real estate listed in the attached list, for the purpose of using approximately 49.58 square meters in the Class II neighborhood living facilities of the first floor reinforced reinforced concrete structure and the site for indoor parking lots (hereinafter “the leased object of this case”).

The terms and conditions of the instant lease agreement are as follows.

(1) Management expenses: 100,000 won per month.

(3) A lessee shall assume civil or criminal liability for the leased portion.

B. On January 24, 2013, the Defendant, along with the instant lease agreement, entered into a contract for acquisition or transfer of real estate rights (hereinafter “instant contract for acquisition of facilities”) with D, the former lessee of the leased object of this case, to acquire the current facilities, equipment, and goodwill of the leased object of this case in KRW 130,000,00.

The special terms and conditions of the instant contract for the acquisition of facilities are as follows.

(1) Monthly rents may be changed in circumstances of building owners.

(2) 5,00,000 won per annum for non-performance penalty on account of approximately 45 square meters in the building not presented, shall be borne by the transferee.

C. According to the general building ledger of the leased object of this case, among the buildings listed in the attached list with the leased object of this case, there are 49.58 square meters and indoor parking lot 69 square meters on the first floor of the building on which the leased object of this case exists, and all of them are included in the leased object of this case.

On July 1, 2009, the Nam-gu Busan Metropolitan Government Office discovered that the 6 site for the indoor parking lot was changed to a commercial building without permission among the leased objects of this case, issued an order to reinstate it to the Plaintiff who is the owner, and thereafter, the 5 site for the indoor parking lot shall be restored to its original state, and the remaining one.

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