(영문) 창원지방법원 2017.02.16 2016가합547

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(영문) 창원지방법원 2017.02.16 2016가합547

건물 및 토지인도 등

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1. The defendant shall receive KRW 25,704,00 from the plaintiff and at the same time, shall be the real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. On August 27, 1991, the Plaintiff leased the real estate listed in the attached list (hereinafter “instant land”) to the Defendant with the lease deposit of KRW 10,00,000,000, monthly rent of KRW 500,000 (from August 30, 2013, the Plaintiff paid KRW 1,30,000 per month as the difference from August 30, 201), and from September 1, 1991 to August 31, 194 (hereinafter “instant lease”).

B. Since the conclusion of the instant lease agreement, the Defendant constructed at its own expense a light steel structure building, columns, concrete toilets, and containers on the instant land, and installed three lifts in the said building (hereinafter “instant building, etc.”), and operated a car center in the said building (hereinafter “the instant car center”).

C. After constructing the instant building, etc., the Defendant has paid taxes on the instant building, etc.

On August 30, 2015, the instant lease agreement continued to be renewed and terminated on the expiration of the period (However, the original and the Defendant agreed to move by six months after the relocation period was extended on August 30, 2015 and the Defendant agreed to move by February 28, 2016). While the Defendant filed a claim for renewal of the lease, the Plaintiff expressed his/her intent to refuse the renewal of the lease of this case.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the facts found in the judgment on the cause of the claim, the instant lease agreement was terminated on August 30, 2015, and was also terminated on February 28, 2016, and thus, the Defendant is obligated to remove all the instant building, etc. and deliver the instant land to the Plaintiff, barring any special circumstance.

3. Judgment on the defendant's defense, etc.

A. The defendant shall be paid KRW 10,000,000 from the plaintiff until the simultaneous performance of the lease deposit is paid.

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