(영문) 부산지방법원동부지원 2015.08.20 2014가합102172

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(영문) 부산지방법원동부지원 2015.08.20 2014가합102172

건물철거 및 대지인도 등

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1. The Defendant (Counterclaim Defendant) received KRW 30,000,000 from the Plaintiff (Counterclaim Defendant) and then the Plaintiff (Counterclaim Defendant).

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On September 27, 2005, the Defendant: (a) leased the instant land from the Plaintiffs with a deposit of KRW 30 million; (b) monthly rent of KRW 1.5 million; (c) the lease period from November 1, 2005 to October 31, 2009; (d) the special terms and conditions (i) the lease period from November 1, 2005 to October 31, 2009; (b) the lease period of KRW 100,000; (c) the lease period is increased by the end of October; (d) the lease period is adjusted; (d) the lessor permits the establishment of a right to collateral security; and (v) the existing facilities after the expiration of the lease period are completely removed under the lessee’s responsibility; and (d) the construction of each of the instant buildings on the instant land and operation of the maintenance industry at all times.

B. On Nov. 1, 2009, the Defendant renewed the instant lease agreement with the same content, except for the following: (a) on Nov. 1, 2009, the lease agreement was renewed on Apr. 7, 201; (b) on Apr. 7, 201, the rent of which was KRW 17 million per month; and (c) on Nov. 1, 2009, at any time by the lessor’s request without setting the lease period; (b) on the condition that “the establishment of a right to lease on a deposit basis after the expiration of the lease period shall be immediately terminated and the rent shall be adjusted for two years after the expiration of the lease period; and (c) the existing facilities after the expiration of the lease period

On October 7, 2005, the Defendant completed the registration of creation of a neighboring mortgage (hereinafter referred to as the “registration of creation of a neighboring mortgage”) with respect to the Plaintiff’s share (2/3 share) in the land in this case as to the Plaintiff’s share (2/3 share) by the Busan District Court Branch No. 80593, Oct. 7, 2005, which caused the maximum debt amount to 30 million won, and currently occupies the land in this case and each building on the land in this case.

C. Meanwhile, the Defendant leased the instant land to the Plaintiff on November 9, 2005 and September 29, 2009.

유사 판례

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