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(영문) 제주지방법원 2015.01.15 2014가합266

건물명도 등

Text

1. The Defendant shall deliver to the Plaintiff the building indicated in the attached list, and the attached list between KRW 1,767,930 and January 16, 2015.

Reasons

(b) the facts of the basis;

A. On April 19, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with respect to the building listed in the separate sheet (hereinafter “instant building”) (hereinafter “instant lease agreement, and the lease deposit under the instant lease agreement was referred to as “the instant lease deposit”). The main contents are as follows.

Article 1. Purpose of the Real Estate Lease Contract and Indication of Object]

3. Term of lease: Five years from the date on which a business commences ( May 16, 2013).

4. Lease deposit: 300 million won - 19 billion won: 200 million won - intermediate payment: 100 million won: April 18, 2013 (payment) - Amount remaining: 100 million won: Within three months after the commencement of the business at the shopping center (determined to May 16, 2013), * where the intermediate payment or balance is not paid after the payment of the lease deposit, the down payment shall not be deemed the down payment and the down payment shall not be returned.

5. Monthly rents;

(a) Fixed monthly rent: 12 million won: Provided, That the monthly rent shall accrue after three months from the date of commencing the business, and the monthly rent within three months from the date of commencing the business shall be free of charge;

6. Management expenses and user fees for facilities (Article 7): Attached Article 7 management expenses and user fees for facilities);

1. "B" shall pay the following management expenses and user fees for facilities each month by the designated date:

1) Direct costs 2) Common costs

2.The term "B" shall bear management expenses and facility usage fees under the preceding paragraph even if the leased object has not been used during the term of this contract;

Provided, That this shall not apply where this contract is terminated.

B. At the time of concluding the instant lease agreement, the Plaintiff agreed to substitute KRW 100 million paid by the Defendant to the Plaintiff on December 18, 2012 and KRW 100 million paid on April 18, 2013 as the down payment and intermediate payment of the instant lease deposit.

On the other hand, the defendant, on August 19, 2013, deposited the lease deposit of this case to the plaintiff.