(영문) 부산지방법원 2015.11.18 2015가합44086

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(영문) 부산지방법원 2015.11.18 2015가합44086

매매대금

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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. 1) The Plaintiff and the Defendant entered into the instant lease agreement. On January 28, 2005, the real estate indicated in attached Table No. 1 (hereinafter “instant land”) owned by the Defendant (hereinafter “instant land”).

(2) Article 2(2) of the Special Terms and Conditions of the above lease agreement provides that a lessee shall remove at his own expense and use a new building for the purpose of the lessee. The lessor shall not be responsible and the lessee shall be responsible for the subsequent legal and economic liability, and Paragraph(3) of the same Article provides that the ownership of a ground building shall be reverted to the lessor at the time of the final termination of the contract.

3) Accordingly, the Plaintiff removed the building on the ground of the instant land at the Plaintiff’s expense and the real estate listed in attached Table 2 (hereinafter “instant building”).

A) At the time of construction, the Plaintiff newly built the instant building under the name of the Defendant, and completed registration of initial ownership in the name of the Defendant on June 14, 2015. (4) As to the instant land and buildings, the Plaintiff and the Defendant: (a) determined that the term of the instant land and buildings was KRW 2.8 million in February 28, 2009; (b) from February 28, 2009 to February 28, 201, the term of the contract was from February 28, 2011 to February 28, 2011; (c) KRW 3 million in the rent from February 28, 201 to February 28, 2011; (d) the term of the contract was from February 28, 2011 to February 28, 2013; and (e) the term of the lease contract was renewed from February 28, 2013 to February 28, 2013.

(hereinafter referred to as “a renewed lease agreement”). 5 The Plaintiff operated a set on the instant land and buildings after the conclusion of the instant lease agreement.

B. The Defendant, upon termination of the instant lease agreement, wishes to renew the instant lease agreement to the Plaintiff prior to the expiration of the contract term under the instant lease agreement.

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