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(영문) 광주지방법원순천지원 2019.11.20 2019가단72967
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 1, 2013, the Plaintiff: (a) leased all the first floor among the five-story buildings on D ground (hereinafter “instant building”) from Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd”); (b) the lease deposit amounting to KRW 100 million; (c) the rent amounting to KRW 8.8 million per month; and (d) the lease period from July 16, 2013 to July 15, 2015.

Upon the termination of a lease agreement at the time, the Plaintiff agreed to restore the instant building to its original state and return it to the lessor.

B. On June 25, 2013, Nonparty Company completed the registration of initial ownership relating to the above five-story building, and the Defendant purchased the above building from Nonparty Company on October 2, 2013, and completed the registration of ownership transfer on October 21, 2013.

C. The Defendant decided to succeed to the status of the lessor of the non-party company under the above lease agreement, and concluded a lease agreement with the Plaintiff and the non-party company identical to the above lease agreement (hereinafter “the instant lease agreement”).

The instant lease agreement was terminated on May 31, 2018 after renewal, and the Plaintiff delivered the instant building to the Defendant on June 1, 2018.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Judgment on the plaintiff's primary argument

A. The plaintiff, with the consent of the non-party company or the defendant, has installed a scrink, blad, communications facilities, dunes facilities, interior facilities, electric facilities, etc. in the building of this case with the permission of the non-party company or the defendant. The plaintiff asserts that the above objects constitute the accessory and thus exercise the right to purchase the accessory.

B. According to Article 646 of the Civil Code, if the lessee of a building or any other structure, obtained the lessor’s consent for the convenience of its use, the object attached to the building belongs to the lessee’s ownership and does not belong to the constituent part of the building, which would result in objective convenience in the use of the building.

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