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(영문) 인천지방법원 2015.10.20 2014가합52236

임대차관계 확인

Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) remove the buildings listed in Attachment 1;

(b) annex.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The party-related Plaintiff is the company that leased from the Defendant the land specified in attached Table 2 (hereinafter “instant land”). The Defendant is the owner and lessor of the instant land.

B. On January 26, 2013, the Plaintiff entered into a lease agreement between the Plaintiff and the Defendant with the Defendant on January 26, 2013, the Plaintiff entered into a lease agreement with the following terms and conditions as “10 million won in lease deposit and KRW 10 million in the rent month (excluding value-added tax)” (Article A No. 13) (hereinafter “the first lease agreement”).

) On the same day, the Defendant paid KRW 50 million, which is the down payment part of the lease deposit. Article 2 (Terms and Conditions of Contracts and Delivery) land category of land category of KRW 909.7 square meters (275.18 square meters) outside Seo-gu Incheon, Seo-gu, Incheon, where the property subject to Article 1 (Indication of Real Estate) is located.

1. The purpose of this Agreement is to operate a set by “B (referring to the Plaintiff; hereinafter the same shall apply)” on the land owned by “A (referring to the Defendant; hereinafter the same shall apply) by constructing a prefabricated building.

2. Monthly rents from the date of commencement of business shall be KRW 10 million (excluding value-added tax) and rent shall be increased by 5% for every three years, and the rent shall be adjusted under mutual agreement between 15% to 20% in accordance with the increase of rents for surrounding commercial buildings in July 2019.

Term: 8 years from the date of commencement of 2013 (Extension of 3 years from the maturity of 5 years);

(b) Guarantee money: one hundred million won; and

(c) Rent: 25th of each month (excluding value-added tax): 10 million won (the period of origin: the date of commencement of business of "B" after completion of the completion inspection of the said scheduled building);

D. “B” means the payment method of security deposit to “A” as follows:

-The remainder of down payment (time of contract): 50 million won - The date of commencement of construction shall be KRW 50 million ;

3. When the construction of the above building is completed, the owner (registration for preservation) shall be the name of “A”, and the construction cost, etc. shall be “B”.