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(영문) 의정부지방법원 고양지원 2018.09.19 2017가단16627

임대료 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of ownership transfer on January 4, 2017 with respect to the five-story building located in Yongsan-gu, Yongsan-gu, Yongsan-gu (hereinafter “instant building”).

B. On May 2016, the Defendant entered into a lease agreement with the F.A., the former owner of the instant building, with respect to the five floors of the instant building, and occupied five floors of the instant building.

C. On March 24, 2017, the Plaintiff and the Defendant drafted an express agreement (hereinafter “instant agreement”) with the following contents.

1. 1) Date and time of agreement: On April 3, 2017, the entire building of this case is delivered to the Plaintiff on April 3, 2017: KRW 60,000 (60,000).

The date of payment: The details of the first 30,000,000 ( March 27, 2017) second 30,000,000 (after the entire first floor), and 30,000 (after the first floor): Appendix 4) Business succession (the change of the representative) to the first st and third tier restaurant, and deliver all of the buildings with the name address.

(1) A notice shall be delivered immediately after the first-class prohibition: Provided, That with respect to G and H listed in the first-class one square room, the purchaser shall continue to proceed with the legal procedure for delivery and surrender, and the occupant shall be the defendant shall actively cooperate with it.

(Court's compulsory execution cost is borne by the Defendant) 5) In the event of non-performance of the agreed matters: The other party responsible for the breach of this agreement (delivery and surrender) shall be civil and criminally responsible for each floor of the delivery specifications of the goods, and the representative of the entire K K restaurant in all of the three-story cafeteria cafeterias in the entire three-story cafeteria cafeteria M 2, the total number of the office fixtures of the first floor of the delivery specifications of the goods: L (the five-story 5th unit fixtures of the Defendant director's 4th unit, the total number of office fixtures of the Defendant, and the Defendant's warehouse in the MU NA.

D. At the time of the preparation of the instant agreement, the first floor of the instant building was in possession of the international coffee specialty store in the J operation, the third floor was in the K cafeteria in the operation of L, the fourth floor was in the Co., Ltd., and the fifth floor was in possession of the Defendant and the New Co., Ltd.

E. The defendant is 30 million won out of the 60 million won of the lusium stipulated in the agreement of this case by the plaintiff.