(영문) 서울남부지방법원 2018.09.13 2018가합103731

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(영문) 서울남부지방법원 2018.09.13 2018가합103731

건물명도(인도)

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1. The defendant (Counterclaim plaintiff) indicates 1, 2, 2, and 1 of the attached Form 1 of underground floor among the buildings listed in the attached list to the plaintiff (Counterclaim defendant).

Reasons

1. Basic facts

A. Possession and lease relationship 1) Motion picture buildings Co., Ltd., in the annexed sheet, are buildings listed in the annexed sheet (hereinafter “instant building”) around 2001.

(2) On December 1, 2001, the Defendant leased part (A) of the instant building to 368.59 square meters and 7,8,99,10,11,12, and 741.95 square meters in sequence, and operated the age club with the trade name “C” or “D”, each of which was connected by the film building Co., Ltd. in the order of each point of (a) part (a) of the instant building, which was connected by the film building Co., Ltd. to each point of (b), 2, 3, 4, 5, 6, and 1.

3) Around June 2011, the Defendant entered into a partnership agreement with the alteration of E and Age clubs into a singing shop and the operation thereof. From July 2011, the Defendant has operated a singing shop with the trade name “F” from the occupied portion of the instant case. 4) G and H purchased the instant building on June 7, 201, and registered the ownership transfer of each/2 shares on July 19, 201.

In addition, on February 19, 2014, the lease contract was concluded to lease the occupied portion of this case to E.

5) On May 11, 2015, the Plaintiff purchased the instant building and completed the registration of ownership transfer on June 15, 2015. (b) On June 15, 2015, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, setting the contract term from June 15, 2015 to September 15, 2016 with respect to the occupied part of E and the instant case, with a deposit amount of KRW 250,000,000, the rent of KRW 11,700,000.

Paragraph 2 of Article 2 of the Special Agreement provides that "The lessee shall, as a new building after the expiration of the contract, order the lessee to order the store without any condition after the expiration of the contract, and the said contract shall be made a protocol of settlement before filing a lawsuit in order to secure this issue."

2. On January 15, 2016, the Plaintiff came to the arrival of September 16, 2016 against E.

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