(영문) 서울고등법원 2018.10.11 2018나2034870

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(영문) 서울고등법원 2018.10.11 2018나2034870

건물명도(인도)

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1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall list the Plaintiff (Counterclaim Defendant) in attached Form 1.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On January 11, 2010, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant building”). Around that time, the Plaintiff opened and operated a pharmacy with the trade name “G” from the instant building.

B. On March 10, 2012, the Plaintiff entered into a contract for acquisition or transfer of rights (facilities) with the Defendant to transfer all business facilities, etc. in the instant building to the Defendant KRW 250,000,000 for premium, and on March 16, 2012, the Plaintiff entered into a lease contract with the Defendant for lease deposit of KRW 100,000 for rent, KRW 5,500 for monthly rent, and KRW 5,000 for rent (including value-added tax) for rent of KRW 5,00 for rent of the instant building to the Defendant, including value-added tax, including value-added tax. The monthly rent is paid on the nineth day of each month; the lease term from April 9, 2012 to April 8, 2017.

[This case’s lease contract (hereinafter “instant lease contract”) including both the “transfer and acquisition of rights (facilities)” and “lease contract”).

At the time of the conclusion of the instant lease agreement, the Plaintiff and the Defendant: (a) the Defendant bears the burden of KRW 50,000,000 for the Plaintiff’s attraction into the store, which is the same floor as the instant building; and (b) increased the monthly rent of KRW 2,200,00 for the purpose of opening the store and opening the 508 store; and (c) added the expenses of attracting KRW 30,000 for the purpose of opening the 1,10,000 for the 508 store and raising the 1,10,000 for the monthly rent to the 1,10,000 for the 508 store.

Under the instant lease agreement, the Defendant paid to the Plaintiff premium of KRW 250,000,000 and KRW 100,000,000 for lease deposit. On April 9, 2012, the Defendant received delivery from the Plaintiff of the instant building, and opened and operated a pharmacy with the trade name “H” until now.

E. Meanwhile, the building of this case is inside the store No. 508, the same floor as the building of this case.

유사 판례

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