(영문) 수원지방법원안양지원 2015.05.29 2014가합102970

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(영문) 수원지방법원안양지원 2015.05.29 2014가합102970

매매대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) B and the Defendant, on October 15, 2001, leased land owned by the Defendant and constructed a new building in the name B on the ground and agreed to conduct restaurant business (hereinafter “instant lease agreement”).

and the principal contents are as follows:

This Arrangement shall be drawn up to B with a view to clarifying the legal relationship between the real estate lease agreement and the newly constructed building related to lease, which is to lease the land owned by the Defendant to B for a cost and to build commercial buildings in the name of B on the leased land and to obtain exclusive use or profit.

Article 1 Marking of land, which is the basis for the lease, ① 1,282 square meters prior to Guang-si, Jin-si, ③ Real estate lease contract for the lease of real estate Article 2 of the 50 square meters prior to Guang-si, Guang-si. ② The lease period of the lease shall be October 14, 2006, which is from October 15, 2001 to 60 square meters.

(2) Monthly donations of real estate leased with donations shall be set at KRW 5 million and shall be paid to the defendant on the 15th of each month.

(3) The land transferred shall be transferred on October 15, 201 to B, and the construction work shall be commenced immediately in case of B.

(4) Special cases concerning monthly contributions:

A. The monthly donation shall be exempted from October 15, 201 to February 14, 2002 as required for the new construction of a building.

(b) If the building is not completed after the lapse of February 15, 2002 due to the reasons attributable to B, the monthly contribution shall be paid from the following month.

(5) After the termination of lease on October 14, 2006, B shall, at its own expense, remove a ground building and return the leased land to its original state as at the commencement of lease, according to the form of land at the time of commencement of lease.

(6) A lease renewal contract.

(a) Defendant and B may re-contract upon expiration of the lease term by consultation;

(1) B is to construct commercial buildings of about 2300 square meters per annum (700 square meters) on land on which Article 1 is marked.

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