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(영문) 서울동부지방법원 2016.08.17 2015가단126344 (1)
건물명도
Text

1. From 29,696,000 to 29,696,00 won, the Defendant shall enter the separate sheet from May 1, 2016.

(h) An indication of the attached drawing among the buildings;

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation operating an agricultural and fishery products wholesale market located in Songpa-gu Seoul Metropolitan Government, and around January 20, 2014, the Plaintiff is recorded in the attached list to the Defendant.

H. From among the buildings, the portion on board (one story 035-1) which connects each point of the attached drawings Nos. 1, 2, 3, 4, and 1 (hereinafter “instant real estate”) was determined and leased as of January 1, 201 to December 31, 2014, the rental deposit amount of KRW 29,696,00,000, rent of KRW 1,762,00, and period of KRW 1,762,00, and the period of lease.

(hereinafter “instant lease agreement”). B.

On November 2014, the Plaintiff notified the Defendant of the refusal to renew the instant lease agreement.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 5, each entry of Gap evidence 7, purport of whole pleadings]

2. Determination

A. According to the above recognition that the instant lease contract has expired due to the expiration of the period, the Defendant is obligated to deliver the instant real estate to the Plaintiff at the same time with the remainder after deducting the amount equivalent to the monthly rent of KRW 1,762,00, from May 1, 2016 to the completion date of delivery of the instant real estate, from the amount equivalent to the monthly rent of KRW 29,696,000, from May 1, 2016 to the completion date of delivery of the instant real estate, as the Plaintiff seeks.

B. The defendant's assertion (1) argues that the defendant's right to purchase the attached article concerning the coolant was exercised, since the defendant attached three prefabricated coolings and prefabricateds to the real estate of this case with the plaintiff's consent.

(2) In order to exercise the right to demand the purchase of dypbles and appurtenances, it must be attached with the consent of the lessor for the convenience of use of the building (Article 646 of the Civil Act). Moreover, the attached appurtenances as stipulated in Article 646 of the Civil Act are attached to a building, which belongs to the lessee’s ownership, and which does not constitute the constituent part of the building, and which brings objective convenience for the use of the building. Thus, the attached articles are the special purpose of the lessee.

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