(영문) 부산고등법원(창원) 2015.05.21 2014나3927

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(영문) 부산고등법원(창원) 2015.05.21 2014나3927

건물인도 등

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1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. On November 6, 2012, the Plaintiff and the Defendant entered into a partnership agreement with the Plaintiff to operate an entertainment tavern in the instant commercial building owned by the Plaintiff, and entered into a partnership agreement with the following contents:

The Plaintiff and the Defendant intend to jointly distribute business profits generated from running an entertainment drinking house (trade name D) in the instant commercial building.

Article 1 Contribution Obligations are completed by the Plaintiff and the Defendant making an investment of KRW 120,000,000 at the facility investment cost of the said entertainment tavern.

The plaintiff is a building owner of the same entertainment drinking house, and no deposit and rent shall be made during the period of a contract for the same business.

In the event that the entertainment tax is imposed in addition to the facility investment cost, the entertainment tax shall be borne by each partner.

Article 2 Contract Period shall be from December 10, 2012 to December 9, 2015.

Article 5. The term of the contract for the acquisition of rights expires, and the plaintiff and the defendant may extend the business under their agreement, and when the plaintiff and the defendant take over the business, the person who has taken over the invested facility investment expenses shall pay to the other party, and when the defendant takes over the business, the deposit and monthly payment shall be

(The amusement tax borne at the time of business registration shall also be paid, if any)

B. The Plaintiff and the Defendant, on March 26, 2013, concluded an agreement with the Defendant to solely operate the instant commercial building by accepting entertainment taverns and to lease the instant commercial building to the Defendant (hereinafter “instant agreement”), and accordingly, concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the instant commercial building as a monthly rent of KRW 8,00,000 without a deposit deposit, and the lease period from March 26, 2013 to 24 months from March 26, 2013.

The main contents of the instant agreement are as follows.

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