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(영문) 수원지방법원 2015.07.09 2014가합11744

건물인도 등

Text

1. The Defendant (Counterclaim Plaintiff) delivers to the Plaintiff (Counterclaim Defendant) real estate indicated in the separate sheet, and from December 11, 2013.

Reasons

1. Basic facts

A. On May 22, 2012, the Plaintiff entered into a lease agreement between C with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), with a deposit of KRW 100,000,000, monthly rent of KRW 9,000,000 (excluding value-added tax, monthly rent of KRW 10,000) and the lease agreement between June 10, 2012 and June 9, 2017 (hereinafter “instant lease agreement”), and entered the following special terms in the lease agreement:

(hereinafter “instant special agreement”). According to the instant lease agreement, the Plaintiff delivered the instant real estate to C, and C paid the said security deposit to C.

Considering the construction period of the lessee, the rent for the first three months is fully exempted.

From 13th month (paid on July 10, 2013) to KRW 100,00,000 for deposit and KRW 1,000 for rent (excluding value-added tax), the total deposit shall be KRW 200,000,00 for deposit and the total rent shall be KRW 10,000 for rent (excluding value-added tax).

B. C had a classical construction to operate a postnatal care center on the instant real estate. Around December 2012, it was found that it was impossible to install a classical floor under relevant statutes in the process of reporting the establishment of a postnatal care center, and thereafter, C had closed the classical construction and filed a report on the establishment of the classical part, and then had the Postnatal Care Center opened only before before February 2013, 2013.

C. The Defendant, as a corporation established on March 5, 2013, whose main business is to run a postnatal care center business, is registered as an in-house director. The instant real estate is occupied by the instant real estate after closing the business of the said postnatal care center on or after February 2014.

C’s referred D is the Defendant’s actual manager, and E was from February 2, 2013 to December 2013, 2013 as the president of the Postnatal Care Center.

On September 11, 2013, the Plaintiff increases the deposit amount of KRW 100,00,000 according to the terms and conditions of the instant special agreement.