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(영문) 서울중앙지방법원 2015.12.24 2015가단5238683

건물인도

Text

1. The defendant shall be the plaintiff.

(a) Attached 2 Map 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, among the real estate listed in Attached 1 List;

Reasons

1. Basic facts

A. On October 24, 201, the Plaintiff, with the trade name “C”, leased the building from D, the owner of the real estate listed in the separate sheet No. 1 (hereinafter “instant building”) on October 24, 201, with the term of lease from August 30, 201 to August 29, 2016, the lease deposit of KRW 120 million, and the rent of KRW 5.8 million per month.

B. On February 23, 2015, the “Agreement for Plastic Operation” was drafted between the Plaintiff and the Defendant (hereinafter “instant Operating Agreement”).

Of the contents of the instant operational contract, the part relating to the issues of the instant case is as follows.

In order to jointly operate estics within C between the Plaintiff (hereinafter “A”) and F (hereinafter “B”), joint operation agreements, such as contract cost sharing and profit sharing, shall be concluded as follows:

Article 1 (Indication of Rental Real Estate)

1. Location: Building of this case;

2. Area for exclusive use: Article 2 of 141.81С, deposit for lending and borrowing, and rent;

1. Sub-lease contract amount: 10 million won;

2. Management expenses under the value-added tax and building management rules shall be borne by the parties;

3. “B” shall pay the down payment of KRW 10 million to “A” before the commencement of the human test.

Article 4:Termination of Contracts and Restoration due to Exemplary

1. Since a contract is based on the sub-lease of real estate, if an intermediate payment (payment of security deposit) or rent is overdue even if one month is not overdue, this contract is terminated immediately upon the request of “A.”

2. Where the contract is terminated under this section, the facility installed by “B” must be restored to its original state and ordered to “A”.

3.As soon as this contract is terminated, a sub-lease or lease may be undertaken with another lessee.

Article 5. The term of this contract shall be until the end of August 2015, and the terms and conditions of the contract shall be renewed when the contract is extended.

Article 6. Distribution of Profits

1. Stelim sales will receive 50% “A” and 50% “B”.