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(영문) 부산지방법원 2017.05.04 2016가단65441
건물인도
Text

1. The defendant shall receive KRW 250,000,000 from the plaintiff, and at the same time, shall be 385.356 square meters per each floor of the building indicated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. On August 12, 2004, the Plaintiff, the owner of the building indicated in the attached Form (hereinafter “instant building”) entered into a real estate lease agreement with the Defendant on the part indicated in paragraph (1) of the main text of the instant building (hereinafter “instant pharmacy”) for one year from July 26, 2004 to July 25, 2005, setting the lease deposit amount of KRW 300 million, monthly rent of KRW 6,100,000 (hereinafter “instant lease agreement”). The Defendant operated a pharmacy at a place.

B. The Defendant continued to renew the instant lease agreement with the Plaintiff by amending the terms and conditions of the contract, and the final terms and conditions of the contract are KRW 50,000,000, monthly rent from November 1, 2014 to October 31, 2016, deposit deposit amounting to KRW 250,000,000.

C. From July 26, 2016, the Plaintiff notified the Defendant of his intention not to renew the instant contract on the ground that the instant building was to be removed and reconstructed.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including branch numbers, if any; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination

A. According to the facts of the judgment on the grounds of the claim, the lease contract of this case is terminated according to the expiration of the contract term. Thus, the defendant is obligated to deliver the pharmacy of this case to the plaintiff at the same time with payment of KRW 250,000,000 from the plaintiff.

B. The Defendant’s assertion on the Defendant’s assertion has the right to be guaranteed the opportunity to recover the premium prescribed in Article 10-4 of the Commercial Building Lease Protection Act to the Defendant, and the Plaintiff deprived the Defendant of the opportunity to color a new lessee on the ground of reconstruction of the building of this case, and the Plaintiff shall compensate the Defendant for damages incurred therefrom pursuant to Article 10-4(3) of the Commercial Building Lease Protection Act.

The above obligation of the plaintiff is the defendant.

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