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(영문) 대구지방법원 2016.04.22 2014가합201661

청구이의

Text

1. The Plaintiff (Counterclaim Defendant) B:

A. From March 19, 2016, Defendant (Counterclaim Plaintiff) KRW 135,043,945 and its amount.

Reasons

1. Basic facts

A. On September 22, 2006, the instant land had been registered for the share of 146 percent in Defendant C’s future, and each share of 52 percent in Defendant D and E’s future. On January 16, 2013, the share of Defendant E was registered for the transfer of shares in Defendant C’s future.

B. On February 25, 2008, Plaintiff A entered into a lease agreement with the Defendants to lease the instant land, etc. with the Plaintiff as KRW 100,00,000, monthly rent of KRW 4,200,00 (value-added tax separate). At the time of construction of the instant building on the instant land, the owner of the building is the lessor’s name, and the lessee bears all kinds of expenses incurred in construction, including construction costs, and taxes and public charges arising from the use of the leased object during the lease period. Upon the expiration of the lease period, the lessee gave up all claims, such as construction costs, necessary costs, and beneficial costs, and the lessee agrees to order the building without any condition.

(hereinafter referred to as “the first lease agreement”) . The chemical sea clause

1.The lessor and the lessee will enter into a lease agreement as follows:

The lease period: February 25, 2008 to February 24, 2014

Deposit: 100,000,000 won

(c) Monthly rent: 4,200,000 won (excluding value-added tax) and payment in advance on the 20th day of each month;

(d) Special medicine: (1) Business registration shall be made in the name of the lessee without fail.

(2) The monthly rent shall be adjusted upward every two years in accordance with the inflation rate.

2. The removal of existing buildings on leased real estate shall, if necessary, be made at the expense of a lessee;

3. Where a building of leased real estate is newly built, the project owner shall use the name of the lessor and shall bear all kinds of expenses incurred in constructing the building, including construction expenses, and taxes and public charges, when the building is increased or reconstructed during the lease period, the lessee shall bear such expenses and public charges, and shall assume legal

5. In the lease contract, the following grounds shall arise: