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(영문) 울산지방법원 2017.02.14 2016가단58347
부속물매수청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Grounds for claim;

A. On November 10, 2014, the Plaintiff leased (hereinafter “instant store”) 102 underground of a building located in Ulsan-gu, Ulsan-gu, and one parcel (hereinafter “instant store”) from the Defendant during the period from November 10, 201 to November 10, 2015, with the lease deposit of KRW 10 million, KRW 500,000 per month, and the lease period from November 10, 2014 to November 10, 2015.

(hereinafter “instant lease”). B.

The plaintiff, with the consent of the defendant, attached the door of glass access, new city, water supply facilities, and electric facilities. Since the above facilities bring objective convenience to the use of the store of this case, the plaintiff shall exercise the right to purchase the attached things under Article 646 (1) of the Civil Act against the defendant.

2. According to the purport of Gap evidence Nos. 2 and 3 as a whole and all pleadings, the plaintiff can be acknowledged that the plaintiff operated the wall partitions and entrance at the store of this case during the lease period of this case, installed the wall partitionss and entrances, operated the floor and exhaust of the wall, installed electric construction, urban gas, and ruptures, etc.

However, in order for the lessee to exercise the right to purchase the attached object in accordance with Article 646 of the Civil Code, it is required that the object attached to the leased object be attached with the consent of the lessor or purchased from the lessor.

there is no basis to acknowledge that the purchase has been made by the Defendant.

In addition, Article 646 of the Civil Code provides that the object of the right to purchase by the lessee of a building is the ownership of the lessee by the object attached to the building, and it refers to the object which does not belong to the constituent part of the building and brings objective convenience to the use of the building. Therefore, if the attached object is attached solely for the special purpose of the lessee, it cannot be the object of the right to purchase the attached object.

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