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(영문) 부산고등법원 2018.06.20 2017나55223
건물명도
Text

1. All appeals filed by the Counterclaim Plaintiff are dismissed.

2. The costs of appeal shall be borne by the Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The counterclaim Defendant purchased the buildings listed in the separate sheet from Nonparty G and two others, and completed the registration of ownership transfer on May 27, 2010 with respect to each of 1/2 shares on June 30, 2010.

B. On September 3, 2010, the counterclaim Defendant entered into a lease agreement with the Plaintiff on the following terms: (a) the lease agreement with each of the first floor of the buildings listed in the attached Table during the period from September 1, 2010 to August 31, 2015, stipulating that the lease deposit amount of KRW 140,000,000 (excluding value-added tax; hereinafter the same shall apply); and (b) the second floor of the buildings listed in the attached Table (hereinafter referred to as “the instant real estate” collectively including the first and second floors of the buildings listed in the attached Table) was concluded by setting the lease deposit amount of KRW 80,000,000,000,000 for the rent and the end of September 1, 2010 to August 31, 2015 (hereinafter each of the above lease agreements collectively referred to as “each of the above lease agreements”).

On the other hand, each of the instant lease agreements stipulated that “the counterclaim Defendant plans to use the store upon the expiration of the contract period, and thus, is ordered to be ordered, and the counterclaim shall remove the facilities and equipment.”

C. Since then, each of the instant lease agreements was terminated on August 31, 2015 with the expiration date.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

3. Determination

A. The parties’ assertion 1) The counter-appellant’s assertion that the counter-appellant’s claim is: (a) the counter-appellant’s refusal to conclude a lease agreement with D that the counter-appellant would act as a new lessee arranged by the counter-appellant; and (b) thereby obstructing the counter-appellant to recover the premium for the instant real estate from D; and (c) the counter-appellant’s claim is jointly and severally against the counter-appellant.

Pursuant to Article 10-4 (3), premium equivalent shall be damaged.

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