(영문) 부산지방법원 2016.03.31 2015가단6667

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(영문) 부산지방법원 2016.03.31 2015가단6667

건물명도

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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 October 13, 2012, C entered into a land lease agreement with the Defendant with the content that, with respect to the Busan Gangseo-gu Busan Metropolitan Government D (hereinafter “instant land”), KRW 30 million, monthly rent of KRW 2 million, and the duration from December 1, 2012 to November 30, 2019, the lease deposit amount of KRW 30 million was entered into between the Defendant and the Defendant.

(hereinafter referred to as “instant land lease agreement”). B.

The defendant and C shall own the purpose of the instant land lease agreement (Article 1), and the defendant shall not request the purchase of a building upon the expiration of the lease agreement (Article 1), but shall not request the purchase of the building (Article 1). However, in light of the circumstances that the defendant himself/herself agreed not to request the purchase of the building at the expiration of the lease agreement, this seems to be a clerical error in light of the fact that the defendant himself/herself agreed not to request the purchase of the building

§ 11(c).

Afterwards, the Defendant constructed a lightweight structure and other facilities for living (general restaurants) in Class II neighborhood living on the ground of the above land at his own cost (the contract amount of KRW 100 million on the construction contract) and completed registration of ownership preservation in the name of C on January 7, 2013.

On September 26, 2014, the Plaintiff entered into a sales contract for the instant land and buildings with a special agreement to succeed to the instant land lease agreement under the present conditions, and completed the registration of ownership transfer on October 30, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination

A. (1) The judgment on the primary claim of the Plaintiff is that the land lease contract of this case was concluded between the Defendant and C, and the Defendant, the lessee, cannot set up against the Plaintiff who acquired the land of this case from C.

Therefore, the defendant is entitled to the above land.

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