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Reasons
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(영문) 부산지방법원서부지원 2019.02.14 2018가합102251
건물명도(인도)
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1. The Defendants shall deliver to the Plaintiff each real estate listed in the separate sheet No. 1, and the separate sheet No. 2.

Reasons

1. Facts of recognition;

A. On December 28, 2010, the Plaintiff entered into a lease agreement with Defendant B Co., Ltd. (hereinafter “B”) on each of the real estate listed in the separate sheet No. 1 owned by the Plaintiff (hereinafter “instant land and building”) as to the lease deposit amount of KRW 250,000,000, monthly rent of KRW 33,000,000 (value-added tax and payment on the first day of each month), and the lease term of KRW 33,00,000, respectively, from February 1, 201 to January 31, 2013.

B. On February 1, 2011, Defendant B paid KRW 250,000,00 to the Plaintiff and used the instant land and building transferred from the Plaintiff, Defendant B constructed a temporary building on the instant land subject to the Plaintiff’s consent, subject to removal at the time of termination of the lease agreement on April 23, 2012.

C. While the above lease contract was explicitly renewed after the termination of the initial lease term, Defendant B established Defendant C Co., Ltd. (hereinafter “C”) by dividing part of January 26, 2017, and on February 9, 2017, the Plaintiff and the Defendants drafted a “real estate lease extension contract” with the content that the lessee of the said lease is the Defendants from Defendant B to Defendants, and the monthly rent is KRW 26,00,000 (excluding value-added tax), and that the lease term is to be changed from February 1, 2017 to January 31, 2018.

(hereinafter referred to as “a lease agreement modified by the foregoing real estate lease extension contract” is called the instant lease agreement.

In the instant lease agreement, the lessee stipulated that “(i) the front end of the factory - the steel framed, the RT stud and (ii) the rear end of the factory - the steel framed temporary building shall be restored to its original state after removal without any condition.”

E. On January 15, 2018, the Plaintiff and the Defendants concluded a real estate lease agreement extending the lease term of the instant lease agreement from February 1, 2018 to January 31, 2019.

F. The Plaintiff prescribed the instant lease agreement from August 1, 2017 by the Defendants.

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