(영문) 서울동부지방법원 2019.07.17 2018가단15346

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(영문) 서울동부지방법원 2019.07.17 2018가단15346

양수금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 18, 2006, the Defendant obtained a construction permit for the 12th floor building in Gyeyang-gu, Seoyang-gu (hereinafter “instant building”) on May 1, 2007, and completed the registration of ownership preservation upon obtaining approval for use on November 2, 2009.

B. On July 31, 2009, the Defendant entered into a contract with D to lease 10,11,12-story stores of 4,419.75 square meters among the instant building (hereinafter “instant building”). The main contents are as follows.

(hereinafter “instant contract”). Article 1(1)(1) type of business: The term of the contract shall be extended for three years, if a request is made by B at the end of the contract, from January 2, 2010 to December 31, 2016.

Article 3(1)(1) The lease agreement shall be automatically terminated if the change of use of the B store and the permission for business is not obtained or the lease is not made until the lapse of 30 days from the date of sale approval (the date of approval for use of the building) designated by the Defendant A (Defendant).

(3) If it is necessary to change the purpose of use of the store, authorization or permission (report) due to the establishment and operation of the store Eul's store, the procedure must be proceeded with under the expenses and responsibility of Eul.

(4) B may not demand any claim or right against A due to reasons such as non-approval for change of use, failure to grant permission for business (report), etc.

(5) The Corporation shall commence after completion of the procedures for authorization, permission, or reporting (report) on change of use or business necessary for its business operation.

Article 4 (Rental Deposit and Monthly Rent)

(a) 50 million won of a lease deposit (the contract deposit of KRW 50 million on the date of the contract, the intermediate payment of KRW 200 million on the following day of permission for change of use, the balance of KRW 250 million on the date corresponding to three months from the date of permission for change of use, and each payment on the date corresponding to the date of earlier of the date of commencement of business), the monthly rent of KRW 3750,000 (excluding value-added tax) (excluding special agreement);

1. Eul has obtained approval for the use of the building (construction) from Gap and Eul.

유사 판례

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