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(영문) 서울서부지방법원 2018.05.17 2017가합37676
원상회복 등 청구
Text

1. The Defendants jointly pay to the Plaintiff KRW 180,000,000 and the interest rate thereon from September 28, 2017 to the date of full payment.

Reasons

1. Basic facts

A. 1) The Plaintiff from around September 1980 to the Eunpyeong-gu Seoul Metropolitan Government Ground Building (hereinafter “existing Building”)

(E) As part of the lease was leased and operated under the name of “E pharmacy”, the lease deposit and monthly rent are continuously increased, and on December 1, 2008, the Defendant B, the owner of the building, and the owner of the building, determined the leased object as “E pharmacy and the second floor warehouse,” the lease deposit amount of KRW 79 million, and the monthly rent of KRW 2 million (hereinafter “existing lease agreement”).

(2) Defendant B entered into a contract with the lessee of the existing building, including the Plaintiff, for the purpose of removing the old existing building and constructing the new building. The key content of the luxation of the performance note of the luxation agreement drawn up between the Plaintiff and the Plaintiff on May 17, 2016 (hereinafter “instant performance note”) is as follows.

1. Where a lessor requests a lessee to surrender a building three months prior to the date of new construction of the building, the lessee shall do so without any conditions three months after the date of receipt of the notification thereof;

2. Where the present lessee wishes to rent after construction of a new building, the lessor shall allow him/her to rent preferentially;

3. Subsequent to a new construction, a lessor shall adopt a market price for the neighboring new buildings;

4. The location of the store to be located after new construction shall be preferentially allocated to the location of the store before new construction, and the number of stores may be increased or decreased according to the design, and the lessee shall not raise any objection against the average number of stores.

5. Where a tenant fails to comply with a pre-construction order three months prior to the commencement of a new building, the tenant shall compensate for all losses (such as construction design expenses and authorization or permission expenses) incurred due to the delay in new construction and shall not raise any objection even if re-locating has been rejected after new construction.

3 thereafter, Defendant B shall remove existing buildings and shall have the size of 1st underground and 6th ground.

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