logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.08.10 2016나7510
건물명도
Text

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

The defendant shall receive KRW 10,000,000 from the plaintiff at the same time.

Reasons

1. Facts of recognition;

A. From Jan. 2001, the Defendant leased from F, the Plaintiff’s spouse, D, 261 square meters, E, 284 square meters (hereinafter collectively referred to as “each of the instant lands”) and buildings listed in the attached Table 2 on the ground (hereinafter referred to as “G restaurant”), and operated the restaurant in the name of “G restaurant” (hereinafter referred to as “instant restaurant”). Among these, on June 22, 2004, the Plaintiff was transferred the ownership of each of the instant land and the instant marina building from F, and thereafter, the Plaintiff leased each of the instant land and the instant marina building to the Defendant as a lessor.

The lease agreement between the Plaintiff and the Defendant on each of the instant land and the instant building was renewed on several occasions by January 1, 2013.

B. In around 209, the lease period for each of the instant lands and the instant E buildings, the Defendant obtained a building permit under the Plaintiff’s name, and constructed each of the instant lands listed in the separate sheet No. 1 (hereinafter “new building”) on each of the instant lands by taking the Defendant’s cost and effort. On October 27, 2009, the Defendant obtained approval for use in the Plaintiff’s name.

Since then, the Defendant operated the instant restaurant using the entire new building of this case and the instant marina building.

In addition, on March 12, 2010, the Plaintiff’s spouse F transferred to the Defendant a food service business report (hereinafter “instant business report”) that was received by F in relation to the instant restaurant by designating the instant marina building as the place of business.

C. On January 1, 2013, the Plaintiff entered into a lease agreement with the Defendant with the terms of KRW 10 million for each of the instant land and the instant buildings, KRW 7 million per annum for rent of KRW 583,33,000 for rent of KRW 7 million per annum (a small number of KRW 583,33,000 for rent of KRW 583,333), and the term of lease for rent of KRW 24 months from January 1, 2013.

(hereinafter “instant lease agreement”). The said agreement includes the following:

arrow