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(영문) 대전지방법원 2015.10.21 2014가합8381

건물명도 등

Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) the real estate listed in the separate sheet No. 1 and the separate sheet No. 2 within the above real estate;

Reasons

Basic Facts

The Plaintiff entered into an initial lease agreement is a 1/2 right holder of the real estate listed in the separate sheet No. 1 (hereinafter referred to as the “instant golf driving range,” and the corporeal movables listed in the separate sheet No. 2 attached thereto, and was delegated to the management authority of the instant golf driving range from the other right holder of the right.

On March 14, 2012, the Plaintiff entered into a lease agreement with the Defendants to set the lease deposit amount of KRW 100,000,000 for the instant golf driving range, and the lease term of KRW 2 years for the instant golf driving range, and around that time, delivered the instant golf driving range to the Defendants.

On March 19, 2012, the Defendants completed the report on sports facility business in attached Form 3(1) that was completed with respect to the instant golf practice range to the head of Daejeon-gu, Daejeon-gu, and the change of the name of the representative from the Plaintiff to the Defendants, as shown in attached Form 3(2).

On April 19, 2012, the Plaintiff and the Defendants agreed to extend the term of lease from 2 years to 3 years, considering the Defendants’ installation of screen golf course facilities on the second floor of the instant golf driving range building, and set up a lease contract again (hereinafter “instant lease contract”).

The main contents of the instant lease agreement and documents attached thereto are as follows, and the list of corporeal movables (corporeal movables in the office, etc., hereinafter “instant corporeal movables”) acquired by the Defendants from the Plaintiff is as shown in the attached Table 2.

Article 1 (Deposit and Time for Payment) Lease Deposit and Time for Payment for Lease Real Estate shall be as follows:

The KRW 100,000,000 for the day of lease deposit (e.g. 100,000) shall be paid on March 14, 2012 on the day of the contract.

Article 2 (Monthly Tax) (1) A lessee shall pay monthly rent (including value-added tax) 6,600,000 in advance on the first day of each month.

Article 4 (Delivery, Term of Lease, etc. of Real Estate) (1)