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(영문) 서울서부지방법원 2016.06.17 2015가단221173
유익비
Text

1. The Defendant’s KRW 13,400,000 and annual interest thereon from June 11, 2015 to June 17, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 5, 2011, the Plaintiff entered into a contract with the Defendant to lease the first floor of the Seoul Jung-gu C store (the instant building) from April 8, 2011 to April 4, 2016, with a deposit deposit of KRW 150,000,000, monthly rent of KRW 8,500,000 (the monthly rent of KRW 8,500,000) (the instant lease agreement).

B. From April 201, 201, the Plaintiff was a policeman.

5. Until the first patrolman, the following D had been operated for the construction of a tent Pound facility and partitions on the instant building, toilet construction, electric facilities construction (replacement for general use to industrial use), etc.

C. In addition, the Plaintiff requested the Defendant to terminate the lease contract due to the operational accident, and around April 2015, the Plaintiff agreed on the instant lease contract and delivered the instant building to the Defendant.

On May 4, 2015, the Defendant leased the instant building to Paris Co., Ltd. KRW 200,000,000, monthly rent of KRW 9,000,000.

Among the facilities installed by the Plaintiff through the said construction, the remaining buildings in this case and the value assessed thereof shall be as shown in the attached Form No. 1.

Grounds for Recognition: Facts without dispute, Gap 1, Gap 4, Gap 5-1, 2, Gap 6-1, and 2, the results of the entrustment of appraisal, the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiff asserts that, with the defendant's consent for the convenience of the use of the building of this case, the plaintiff sought payment of the price by exercising the right to purchase the appurtenances, since the above articles were attached to the building of this case.

The defendant asserts that since the above goods fall under the constituent parts of a building or are independent goods not attached to a building, they are not subject to the right to purchase the attached goods, and that the right to purchase the attached goods may not be exercised since the defendant did not claim all expenses for the facilities instead of leasing the deposited money and rent significantly low at the time of the lease contract in this case.

B. First of all, the instant lease agreement is concluded.

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