(영문) 부산지방법원 2015.01.16 2013가단235959

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(영문) 부산지방법원 2015.01.16 2013가단235959

부속물매수청구

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

1. Facts of recognition;

A. In around 2005, the Plaintiff leased a building on the ground of 18-8, Seo-gu, Busan (hereinafter “instant building”) from the Defendant, Seo-gu, Busan (hereinafter “the instant building”) and operated the “Songdo convalescent Hospital”.

B. On October 31, 2008, when the Plaintiff leased and used the above building, the Plaintiff concluded a lease agreement with the Defendant by setting a deposit of KRW 180 million from September 30, 2009 to September 30, 2012 (However, from December 30, 2008 to December 30, 201) as the monthly rent of KRW 17.5 million.

C. On February 12, 2009, the Plaintiff and the Defendant rendered a compromise prior to the filing of a lawsuit as indicated in the settlement clause under the Busan District Court Decision 2009No49 (hereinafter “the settlement clause of this case”).

Reconciliation Provisions

1. The Plaintiff ordered the Defendant to order the instant building until September 30, 2012, and at the same time, the Defendant shall refund the lease deposit KRW 180 million to the Plaintiff.

2. The Plaintiff shall pay to the Defendant the rent of KRW 10 million on October 1, 2008 and November 1, 2008, and thereafter, the Plaintiff shall pay the rent of KRW 17.5 million on a monthly basis from December 1, 2008 to the expiration date of the building.

3. The plaintiff shall pay the charges and registration tax (building and land portion) on the above building to be imposed on the defendant. If the plaintiff is not paid, this contract shall be automatically terminated, and the deposit for rent shall be reverted to the defendant as a penalty.

4. The Plaintiff shall bear the property tax imposed every year on the above building (land and building portion).

5. Where the plaintiff subleases the above building without permission to a third party, the contract is terminated, the benefit of the time is lost, and the deposit money shall be reverted to the lessor as penalty.

6. The plaintiff may not transfer the right of lease to another person or use it for establishing a pledge, etc.

In addition, in case of seizure, provisional seizure or provisional disposition by a third party (the plaintiff's creditor) against the deposit of this contract, this contract shall be automatically cancelled.

7. The Plaintiff’s monthly rent is not less than two months.

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