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(영문) 수원지방법원평택지원 2015.04.08 2013가합4748

점유회수 등

Text

1. The plaintiff's claims against the defendant and the intervenor accepting the defendant are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be acknowledged either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1, evidence 1, evidence 3-2, evidence 4, evidence 1, evidence 2-2, evidence 7, evidence 7, and evidence 8.

On February 1, 2002, the Plaintiff’s husband D and E entered into a lease agreement with the medical corporation (the name at the time was the medical corporation which was the H medical foundation, which was the H medical foundation; hereinafter “F medical foundation”) on the part of 461.34 square meters of the underground floor funeral hall, general restaurant 197.50 square meters of a general restaurant (hereinafter “Gu funeral hall”) among the buildings listed in attached Table 1 of the attached Table between the medical corporation and the FF medical foundation (the name at the time was the hospital of G medical foundation; hereinafter “F medical foundation”), and operated the funeral hall after completing business registration in the name of the Plaintiff from February 1, 2002 to January 31, 207.

B. On January 10, 2007, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the F Medical Foundation on the building indicated in attached Table 2, a building adjacent to the former funeral hall (hereinafter “new funeral hall”).

Article 2 (Rents) Deposit of KRW 1,630,00,000 per month for management expenses, and KRW 5,000,000 per month for management expenses: Provided, That during the construction period of substantial repairs, the facilities of the funeral hall of the Gu shall be used, and management expenses of KRW 3,00,000 per month shall be paid.

The method of prohibition of guarantee: The down payment shall be KRW 200,000,000 per contract, and the remaining amount of KRW 100,000,000 per contract shall be paid within the time limit as soon as possible.

The balance amounting to 300,000,000 won shall be paid on the date which is earlier between the completion date of construction or the commencement date of the business, and the payment date of the balance may be adjusted through consultation between the plaintiff and the

Article 4 (Term of Lease) The term of lease shall be five years from February 1, 2007 to January 31, 2012, and two years shall be added in principle except in cases of force majeure.

Article 8 (Deposit)