(영문) 대전지방법원 2018.07.04 2016가단7163

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(영문) 대전지방법원 2018.07.04 2016가단7163

건물인도 등

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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 19,858,870 as well as the full payment from December 21, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 30, 2003, the Plaintiff entered into a real estate lease contract between the Plaintiff and the Defendant on November 30, 2003 (hereinafter “instant land”) and the Defendant on November 30, 2003, the land indicated in paragraph (1) of the attached Table owned by the Plaintiff (hereinafter “instant land”).

(2) The Plaintiff and the Defendant concluded a real estate lease agreement with the term of lease deposit amounting to KRW 10 million, monthly rent amounting to KRW 1 million, and the term of lease from November 30, 2003 to 24 months. 2) At the time of entering into the said real estate lease agreement with the Plaintiff, the Plaintiff and the Defendant set the following matters as the term “additional special terms and conditions”.

A building newly constructed and remodeled with the consent of the lessor in C (the bank, bank, warehouse attached thereto, second-class house, etc.) shall belong automatically to the lessor at the time of the termination of the contract, and the lessee shall not claim the right.

B. On November 30, 2005, the Plaintiff and the Defendant concluded a real estate lease agreement (i.e., December 30, 2013), and (ii) on November 30, 2007, and December 30, 2010, concluded each real estate lease agreement with the Defendant for renewal of the lease agreement on the instant land and its ground, and maintained the lease relationship. (ii) At the time of concluding the real estate lease agreement as of November 30, 2005, the Plaintiff and the Defendant set forth the following as “a special agreement clause”.

Article 1:In the lease contract within the main 385m2, a building extended by a lessee with the approval of a lessor during the war, the original ownership of the building shall be automatically reverted to the lessor, such as the owner (A) in the public record, at the same time as the lease contract is terminated.

Therefore, the lessee cannot claim the ownership of the lessor.

(1) A light steel-frame structure for warehouse = (2) An annex to an office building:

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