(영문) 전주지방법원 2016.08.30 2016가단12627

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(영문) 전주지방법원 2016.08.30 2016가단12627

건물인도 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 20, 2013, the Plaintiff leased real estate listed in the [Attachment Table 1] No. 30 million won, monthly rent 3,410,000 won, and the lease term from April 21, 2013 to April 20, 2014, respectively, to the Defendant.

B. On March 21, 2014, the Plaintiff filed a lawsuit against the Defendant seeking delivery, etc. of the said building at this court as the court 2014Kadan917 on the ground that the said lease contract was terminated upon expiration of the period of termination. In the said lawsuit, the Defendant asserted that “Around January 14, 2014, the Plaintiff demanded renewal of the lease agreement on the condition that the said building was demolished and expanded and used for up to three floors, and that the said lease was lawfully renewed by the Defendant’s consent.”

C. On December 18, 2014, the court of the first instance rendered a judgment to dismiss the Plaintiff’s claim on the grounds that the above lease agreement was lawfully renewed, as alleged by the Defendant, and the Plaintiff appealed therefrom. On August 10, 2015, where the said appellate trial (this Court No. 2015Na826) was underway, conciliation was concluded between the Plaintiff and the Defendant with the following content:

hereinafter referred to as "mediation of this case"

-Conciliation provisions -

1. With respect to Nos. 201, 301, and 302 on the ground of Nos. 201, 201, 302 on the ground of Nos. 3,830,000 per month (including value-added tax), 301, and 302 on April 20, 201, between the Plaintiff and the Defendant entered into a building lease agreement stipulating the term of lease as KRW 2,640,00 per month (including value-added tax) and one year on April 20, 2015, and confirmed that the building lease agreement was first renewed as of April 20, 2015.

2. As to the remaining terms and conditions of a building lease agreement mentioned in the above 1. Paragraph (1) as stipulated in the lease agreement dated April 20, 2013 between the Plaintiff and the Defendant.

3.(a)

The defendant designs the appearance of the second floor and the third floor expansion works of the building mentioned in the above 1. The defendant designs the appearance of the third floor so that the appearance of the building can be unified.

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