(영문) 광주지방법원 2017.07.21 2016가합54690

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(영문) 광주지방법원 2017.07.21 2016가합54690

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 6, 201, the Plaintiff entered into a lease agreement with the Defendant and the Defendant on May 6, 201, with respect to the building for light-scale steel structure (hereinafter “instant land”) and KRW 50,000,000, monthly rent, KRW 7,000,000, and the lease period from May 6, 201 to May 5, 2016 (60 months), and with respect to the new construction of a building and its ownership relationship, the Plaintiff entered into a lease agreement with the following terms (hereinafter “lease agreement”).

5. New construction of buildings;

(a) The lessee may construct a new building on the leased land with the consent of the lessor;

Provided, That the name of the owner shall be the lessor.

B. The construction cost related to the new construction of a building shall be borne by the lessee, but the construction cost shall be executed by the lessor, and the lessee shall provide the lessor with a tax invoice for the execution of construction cost.

(c) A lessee shall assume all responsibilities, such as construction cost, taxes and public charges (including fines and fines), and damages (including the occurrence of safety accidents), with respect to the construction of a new building.

(Omission)

(e) A lessee shall not transfer his right to a new building to another person, establish a security, etc.

6. Ownership of new buildings;

(a) Considering that the lessor leases the leased object to the low deposit and monthly rent that does not exceed 1/2 of the current rent, and the lessee shall confirm that the ownership of the newly constructed building exists to the lessor, and shall not claim ownership thereof;

Registration of preservation of a newly constructed building shall be made in the lessor name.

(The lessee shall waive the right to claim for registration of cancellation of ownership against the lessor. In lieu, the lessor shall guarantee the lessee's right to lease for five years with respect to land and new buildings.

B. Even if the lease contract has been terminated during the five-year lease period due to the lessee’s circumstances and causes attributable to the lessee, taking into account the following factors: (a) the lessor is deprived of the lessee’s opportunity to use the leased object for other purposes by the agreement of this case.

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