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(영문) 대전지방법원 2015.10.21 2014가합108694

건물명도

Text

1. The part concerning the claim for the cancellation of business registration among the instant lawsuit is dismissed.

2. The defendant is from the plaintiff 1,00,000.

Reasons

Basic Facts

As the plaintiff's deceptive interest and intent, the defendant between the defendant and his father C is currently pending a divorce lawsuit between the defendant and his father.

On March 6, 2012, the Plaintiff and the Defendant entered into a lease agreement with respect to the second and fifth floors (hereinafter “instant building”) among the real estate listed in the attached Table 1 list owned by the Plaintiff and its wife, as follows (hereinafter “instant lease agreement”). The Defendant was handed over the instant building around that time.

Section 1. The lessee shall pay the lease deposit and rent (monthly) for any of the above mentioned immovables to the lessor as follows:

-Deposit: gold KRW 100,000,000 - Contract deposit: gold KRW 100,000 in lieu of a deposit. - Balance shall be received as substitute for a deposit. - The substitute for a deposit: gold KRW 4,000 (monthly tax): gold KRW 4,000,000 (excluding value-added tax) shall be paid on the last day of each month.

Article 2: The lessor shall use and take profit from the above real estate for the purpose of the lease, and the starting date of this lease shall be 12 months from April 28, 2012 ( April 27, 2013).

Article 5 The extension of a contract shall be determined at least three months prior to the termination of the contract, and if no extension is made by the deadline, the contract period shall be terminated as the contract.

If one party wishes to terminate a contract during the contract period, the one party shall compensate the other party for the amount equivalent to the contract amount as a penalty, and shall also pay all the expenses related to the transfer, such as brokerage commission, etc.

Article 7 The lessee shall pay the building management expenses to the bank account designated by the lessor before the 15th day of each month, and shall faithfully comply with the rules on the management of community life, safety rules, etc.

The management norms of buildings and the details of the claim for management expenses shall also constitute part of this contract.

The defendant, on March 27, 2012, is the subject of rehabilitation from the Daejeon District Tax Office to the "E Rehabilitation Institute Member" in the building of this case.