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(영문) 대전지방법원 2019.08.21 2018가단225927

건물명도(인도)

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) the real estate listed in the Schedule 1 and the Schedule 2;

Reasons

1. Basic facts

A. On May 4, 2016, the Plaintiff and the Defendant entered into a lease agreement with the Plaintiff on the following terms: (a) the Defendant entered into a lease agreement with the Plaintiff on the real estate listed in the separate sheet No. 1 and the facilities listed in the separate sheet No. 2 (hereinafter collectively referred to as the “instant golf driving range”); (b) KRW 100 million security deposit; (c) monthly rent of KRW 5 million (from May 24, 2016, the date of opening the business; (d) the 23th payment each month); (e) the period from May 4, 2016 to May 3, 2021; (e) the overdue interest rate on rent and management expenses; (e) 25% per annum; and (e) around that time, the instant golf driving range was transferred from the Plaintiff and operated.

In principle, the scope of the area of the contract is not included in the area of the contract. The area of the area of the area of the area of the area of the area of the 9th floor.

Provided, That if necessary, a tenant shall continue to exist and use it as it is, but when administrative problems (such as fines, etc.) arise due to illegal facilities and installation, it shall be handled by the tenant.

The lessee shall not terminate the contract or claim for damages on the ground of the facilities additionally installed on the 9th floor and the 9th floor.

Deposit and monthly rent shall be increased by 10% each on May 16, 2018.

The 8th floor shall be used by lessees.

B. On August 2016 and October 10 of the same year, the Plaintiff and the Defendant entered into the instant amendment agreement (hereinafter “instant amendment agreement”) with the Defendant, upon receiving a corrective order to remove and restore the parts illegally extended 8 and 9 floors of the instant golf driving range from the police officer having jurisdiction over the first and second of the same year to the original state, on the grounds that there were problems, such as bearing construction expenses and reducing the number of rocks, etc., around the 11st day of the same month, on which the instant amendment agreement, which was concluded that the construction cost is to be borne and the monthly rent

The main points are as follows:

The removal of illegal buildings to the 8th floor and the 9th floor in accordance with the corrective order for the violated building and the re-facilities of the 9th floor and the 8,99th floor.