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(영문) 광주지방법원 2016.11.30 2015가단525044
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) and the Defendant C jointly receive KRW 50,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of premise;

A. On April 13, 2005, the Defendant Company leased from the Plaintiff the part (A) indicating the Attached Form 2 (A) (hereinafter “instant store”) among the real estate listed in Attached Form 1 as KRW 50,00,000, monthly rent of KRW 3,500,000, and paid the lease deposit to the Plaintiff on the same day. On the same day, on July 1, 2010, the term of lease was renewed and the said lease was set on May 30, 2015.

(hereinafter “instant lease agreement”). B.

On January 23, 2015, the Plaintiff notified the Defendant Company that it had no intent to renew the above lease agreement.

C. Defendant C is a person who entered into a franchise agreement with the Defendant Company and operates convenience points in the instant store under the trade name of “D.”

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. According to the premise of determination as to the claim on the principal lawsuit, the instant lease agreement terminated on May 30, 2015, and thus, the Defendant Company and the Defendant C are obliged to deliver the instant store to the Plaintiff at the same time upon receiving KRW 50,00,000 from the Plaintiff according to the simultaneous performance of the Defendant Company’s concurrent performance.

2. Determination as to the counterclaim claim by the defendant company

A. 1) The Defendant Company: (a) installed the floor betail, commercial area glass and shower, entrance, exit door, automatic door, tent, front, and back of the building; (b) installed electric extension construction, water supply and drainage construction; and (c) the Plaintiff demanded to purchase each of the above things in total amount of 33,54,160 won, which correspond to the market price. (b) The accessories subject to the claim for purchase under Article 646 of the Civil Act are attached to the building, and are owned by the lessee, and are not owned by the constituent parts of the building, and thus, are objects attached thereto that bring objective convenience to the use of the building.

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