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(영문) 서울북부지방법원 2018.10.18 2016가합26710

건물명도

Text

1. The Plaintiff (Appointed Party)’s lawsuit

(a) Selection B, C, D, E, F, G, H, J, K, L, M, M, N,O, P, Q, Q, Q, U, A, V,W, X.

Reasons

Basic Facts

The plaintiff and the designated parties (hereinafter referred to as "the plaintiff's side") entered into a water sale contract shall have been sold each guest room of the building "BV hotel" (the name before the change was referred to as "BW accommodation"; hereinafter referred to as "the hotel of this case") recorded in the attached real estate list from 2014 to 2016, as shown in the sale status list.

The Defendant (the former title prior to the alteration was “APS Korea.” hereinafter referred to as “Defendant”) is a company that operates hotel, leisure tourist facilities business, travel business, etc.

The Plaintiff leased each guest room to the Defendant as above, from around 2014 to 2016.

(hereinafter “instant lease agreement”). Accordingly, the Defendant received delivery of the instant hotel and occupied and operated it.

The head office, lease date, which the plaintiff leased to the defendant shall be as stated in the attached lease status table in the "number of houses", "area", and "lease contract date".

On the other hand, the main contents of each of the instant lease agreements are as follows.

Article 2 [Period of Contract and Period of Payment of Fixed Rent] (1) The first day of the following month from the date two months have elapsed from the date of full payment of the sale price of a tenant (the plaintiff's side) or from the date of expiration of two months from the date of expiration of occupancy shall be the first day of the contract, and the contract period of this contract shall be ten years from the date of commencement of the contract.

(2) The interest on a security loan of a lessor from the date of full payment of the sale price to the date on which the contract commences shall be paid by a lessee on behalf of the lessee, and the interest amount shall be limited to the amount equivalent to 60% of the sale price (excluding value-added tax) x 5% per annum, and the excess interest amount shall be paid by a lessor.

(3) The initial fixed rent.