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(영문) 수원지방법원 2018.08.21 2016가합73531

건물인도

Text

1. Defendant B received KRW 211,917,256 from the Plaintiff, and at the same time, each of the buildings listed in the attached Table to the Plaintiff.

Reasons

1. Basic facts

A. The status of the party is a juristic person with the purpose of housing construction business and real estate development business, and the defendant C Co., Ltd. (hereinafter "Defendant Co., Ltd.") is a juristic person with the objective of Schlage operation and distribution business, and defendant B is the representative director of the defendant Co., Ltd. D.

B. On February 26, 2015, the Plaintiff entered into the instant lease agreement and the implementation status thereof (i) each of the buildings listed in the separate sheet to Defendant B (hereinafter collectively referred to as “instant store”).

2) The term “instant lease agreement” (hereinafter referred to as “instant lease agreement”)

A) Around that time, the instant store was delivered to Defendant B. The main contents of the instant lease agreement are as follows. Article 2 (Term of Lease) ① From February 25, 2015 to February 24, 2025 (10 years). Article 3 (Rent)

1. Lease deposit: 30 million won (a sum of KRW 30 million in the contract deposit shall be paid at the time the first intermediate payment of KRW 60 million, April 5, 2015, and the second intermediate payment of KRW 60 million, whichever comes earlier, on May 4, 2015, and the remainder of KRW 150 million, whichever comes earlier on May 30, 2015 or on May 30, 2015, respectively);

2. Monthly rent: 22 million won (excluding value-added tax) (1) monthly rent shall be paid by determining the normal time of commencement of business as the initial date in advance, and the subsequent payment shall be made;

(2) For six months from the initial date of the payment of the rent for the foregoing month, gold 21 million won shall be paid and two million won shall be paid thereafter.

(3) The payment of monthly rent shall be imposed at least 15 percent per annum from the date of delay in the event that the payment of monthly rent is overdue.

Article 5 (Management and Management Expenses of Facilities) (1) A lessee shall faithfully maintain and manage the facilities installed by a lessor, and restore the damaged facilities to the original state at the responsibilities of a lessee.

(2) The management expenses shall be borne by the lessee, and the standards for imposition shall be followed by the determination of the shop manager.

Article 5 (Cancellation of Contract and Right to terminate Contract) (1) The lessor is the lessee at least three times a month.