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(영문) 광주지방법원해남지원 2019.04.23 2017가단2615

토지인도

Text

1. As to the Plaintiff (Counterclaim Defendant) KRW 5,484,836 and KRW 272,720 among them, the Defendant (Counterclaim Defendant) from April 25, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Article 1 of the Real Estate Lease Agreement: Terms and conditions of a contract and the method of paying a deposit, one million won monthly rent of KRW 5 million (including value-added tax) and KRW 4 million in KRW 5 million: The contract period shall be from June 21, 2016 to June 20, 2018; < Amended by Presidential Decree No. 27272, Jun. 21, 2016>

Article 6:Where a lessee fails to pay monthly rent at least three times, the deposit shall revert to the lessor, and may be terminated at an early stage by mutual agreement between both parties.

Article 7:The lessee shall restore the remaining deposit to his/her original state as at the time this lease contract is terminated, and if the lessor fails to restore to his/her original state, he/she shall restore the remaining deposit to his/her original state, and if the remaining deposit is insufficient, he/she shall separately claim the lessee.

Provided, That this shall not apply to structures installed or constructed by a lessee for the purpose of repairing a building.

Article 9:The lessee shall pay the monthly rent on the 21st day of each month, and the rent shall be calculated on the basis of the balance payment date and the surrender date in the month of contract and the month of contract termination.

Article 10:The lessee shall pay the overdue interest of 12% per annum at the time of the unpaid monthly rent, and Article 11: If the lessor wishes to purchase and sell this land, the lessee shall have the right of priority to purchase (pre-consultation with the lessee): Provided, That the value of the sale and purchase of this leased real estate shall be provisionally agreed to be lower than that of the next consultation (pre-consultation).

On June 2, 2016: The lessee of the Plaintiff

A. On June 2, 2016, the Plaintiff and the Defendant concluded a lease agreement on each real estate indicated in the separate sheet, owned by the Plaintiff (hereinafter “instant lease agreement”), and the main contents are as follows.

B. Under the instant lease agreement, the Defendant paid KRW 5 million to the Plaintiff the deposit amount, received delivery of each of the real estate listed in the separate sheet, and manufactured and sold health auxiliary food by cultivating Switzerland at a certain point.

C. The Plaintiff and the Defendant among those who were so doing, in 2017.