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(영문) 서울고등법원 2018.07.20 2018나2012078

가등기말소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

Basic Facts

Article 1 (Indication, etc. of Lease Items) A (Plaintiff) shall lease and lease the following items to B (Defendant). Upon request from B (Defendant) during the lease contract period of the Plaintiff’s land, building, landscape trees, and all of the buildings (Attachment) located outside G in nine parcels of land outside G in Ansan-si, if there is a request from B (Attachment) during the lease contract period, A (Plaintiff, etc.) shall convert the lease contract for the leased items

The purchase and sale amount shall be KRW 5.75 billion at the time of trading in the next year (from January 1, 2012 to December 31, 2012), KRW 5.75 billion at the time of trading in the second year (from January 1, 2013 to December 31, 2013), KRW 5.75 billion at the time of trading in the second year (from January 1, 2013 to December 31, 2013), KRW 5.75 billion at the time of trading in the third year to KRW 5.8 billion, and

(6) If there is a request from B when the design is completed after the contract and the construction is being performed, A shall consent to the provisional registration of the purchase and sale reservation within one week (only in preparation for the occurrence of the conditions for termination of the contract, the documents on the provisional registration of the purchase and sale reservation shall be kept in a certified judicial scrivener or a consulting service agent.

(i) Article 2 (Contract Period and Effective Period) (1) The lease term for the leased object under this Agreement shall be from the date of the contract to December 31, 2016, and, in principle, it shall not be cancelled even during the contract period.

Article 3 (Rental Deposit) Rental Deposit shall be the expenses of remodeling to invest in real estate A and the amount of investment in a state in which buildings can be used.

Where the performance of a contract is not possible, documents to prove the investment of B shall be submitted to A.

1) B cannot substitute for the payment of rent, etc. as a security deposit, and where this contract is terminated due to the expiration or termination of the term of lease, or other reasons, the right to request the return of the security deposit shall not be transferred to others without A’s consent, or the right to request the return of the security deposit shall not be the object of the pledge or other security.

Article 4 (Rent 1) B shall be divided into “A” by the end of each month (in the case of legal holidays, by the following day.