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(영문) 울산지방법원 2019.05.30 2018나23568
건물명도(인도)
Text

1.The remainder of the judgment of the court of first instance, with the exception of the claim for delivery of a building, shall be modified as follows:

Reasons

1. Basic facts

A. On January 29, 2011, the Defendant entered into a lease agreement with C, the owner of the instant building, at the time, to deposit KRW 10 million, monthly rent KRW 80,000,000, monthly rent, and from January 29, 2011 to January 28, 2016, and operated the reading room in the instant building.

B. On December 30, 2013, D purchased the instant building from C and completed the registration of ownership transfer, and succeeded to the status of C’s lessor. On January 25, 2014, D drafted a lease agreement with the Defendant on the same terms and conditions as the said lease agreement with the Defendant, and attached separate terms and conditions that include the following (hereinafter “instant special agreement”).

(hereinafter “The instant lease agreement”). The terms and conditions of the special agreement cannot be used for any purpose other than the reading room, which is the lessee of 2-3 floors, and the lessor cannot reject the said lease agreement for any reason any objection raised by the lessor.

In the event of breach of contract, the order to leave may be given regardless of the Lease Protection Act.

In addition, it is not possible to damage a leased building, and if a facility is installed in an internal or external wall without permission, the lessor shall be permitted and installed, and the expenses incurred by the lessee due to damage during the lease period of the building shall be resolved by the lessee in principle, and the inside remodeling place shall be returned to the original state at the time of the expiration of the contract.

All facilities after the expiration of the contract shall return to their original state and shall not request the lessor to make a separate payment.

C. D notified the Defendant that he/she had no intent to renew the instant lease contract on August 7, 2015 and August 20, 2015, and upon the lapse of January 28, 2016, the instant lease contract was terminated.

The Plaintiff became its owner by purchasing the instant building from D on January 14, 2016 and completing the registration of ownership transfer.

E. At present, the reading room equipment of this case and the attached list 2.

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